1

Art. 41. Reclusion perpetua and reclusion 8. perpetual special disqualification from
temporal. — Their accessory penalties. — The suffrage if the duration of the
penalties of reclusion perpetua and reclusion imprisonment exceeds 18 months (unless
temporal shall carry with them that of civil expressly remitted in the pardon)
2. RP and RT
interdiction for life or during the period of the
3. PM
sentence as the case may be, and that of
4. PC
perpetual absolute disqualification which the
• The accessory penalties in Art 40-44
offender shall suffer even though pardoned as to
must be suffered by the offender,
the principal penalty, unless the same shall have although pardoned as to the principal
been expressly remitted in the pardon. penalties. To be relieved of these
penalties, they must be expressly
remitted in the pardon.
Art. 42. Prision mayor — Its accessory penalties. — • No accessory penalty for destierro
The penalty of prision mayor, shall carry with it • Persons who served out the penalty may
that of temporary absolute disqualification and not have the right to exercise the right
that of perpetual special disqualification from the of suffrage. For a prisoner who has been
right of suffrage which the offender shall suffer sentenced to one year of imprisonment
or more for any crime, absolute pardon
although pardoned as to the principal penalty,
restores to him his political rights. If the
unless the same shall have been expressly
penalty is less than one year,
remitted in the pardon.
disqualification does not attach except if
the crime done was against property.
• The nature of the crime is immaterial
Art. 43. Prision correccional — Its accessory when the penalty imposed is one year
penalties. — The penalty of prision correccional imprisonment or more.
shall carry with it that of suspension from public • The accessory penalties are understood
office, from the right to follow a profession or to be always imposed upon the offender
calling, and that of perpetual special by the mere fact that the law fixes a
disqualification from the right of suffrage, if the certain penalty for the crime. Whenever
duration of said imprisonment shall exceed the courts impose a penalty which by
eighteen months. The offender shall suffer the provision of law, carries with it other
disqualification provided in the article although penalties, it’s understood that the
accessory penalties are also imposed.
pardoned as to the principal penalty, unless the
• the accessory penalties do not affect the
same shall have been expressly remitted in the
jurisdiction of the court in which the
pardon.
information is filed because they don’t
modify or alter the nature of the penalty
provided by law. What determines
Art. 44. Arresto — Its accessory penalties. — The jurisdiction in criminal cases is the
penalty of arresto shall carry with it that of extent of the principal penalty w/c the
suspension of the right too hold office and the law imposes of the crime charged.
right of suffrage during the term of the sentence. • the MTC has exclusive jurisdiction over
offenses punishable with imprisonment
• Outline of accessory penalties inherent of not exceeding 4 years and 2 months or
in principal penalties a fine of not more than 4000 or both
1. death – if not executed because of regardless of other imposable accessory
commutation or pardon or other penalties.
1. perpetual absolute disqualification
2. civil interdiction during 30 years (if not
expressly remitted in the pardon)
3. civil interdiction for life or during the
sentence
4. perpetual absolute disqualification
(unless expressly remitted in the pardon)
5. temporary absolute disqualification
6. perpetual absolute disqualification from
suffrage (unless expressly remitted in
the pardon)
7. suspension from public office, profession
or calling
 2

Art. 45. Confiscation and forfeiture of the Art. 46. Penalty to be imposed upon principals in
proceeds or instruments of the crime. — Every general. — The penalty prescribed by law for the
penalty imposed for the commission of a felony commission of a felony shall be imposed upon the
shall carry with it the forfeiture of the proceeds of principals in the commission of such felony.
the crime and the instruments or tools with which Whenever the law prescribes a penalty for a
it was committed. felony is general terms, it shall be understood as
Such proceeds and instruments or tools shall be applicable to the consummated felony.
confiscated and forfeited in favor of the
Government, unless they be property of a third • The penalty prescribed by law in general
terms shall be imposed:
person not liable for the offense, but those
articles which are not subject of lawful commerce
a upon the principals
shall be destroyed.
b for consummated felony
• every penalty imposed carries with it the
forfeiture of the proceeds of the crime • Exception: when the law fixes a penalty
and the instruments or tools used in the for the frustrated or attempted felony.
commission of the crime Whenever it is believed that the penalty
• proceeds and instruments/tools of the lower by one or two degrees
crime are confiscated in favor of the corresponding to said acts of execution is
government not proportionate to the wrong done,
• 3rd persons’ (not liable for the offense) the law fixes a distinct penalty for the
property is not subject to confiscation principal in the frustrated or attempted
and forfeiture felony.
• property not subject of lawful commerce • The graduation of penalties refers to:
(whether it belongs to accused or
3rd person) shall be destroyed. a stages of execution (consummated, frustrated,
• can’t confiscate/forfeit unless there’s a attempted)
criminal case filed and tried, and
accused is acquitted. b degree of the criminal participation of the
• must indict 3rd person to order offender (principal, accomplice, accessory)
confiscation of his property
• instruments of the crime belonging to • the division of a divisible penalty (min,
innocent 3rd person may be recovered med, max) refers to the proper period of
• confiscation can be ordered only if the the penalty which should be imposed
property is submitted in evidence or when aggravating or mitigating
placed at the disposal of the court circumstances attend the commission of
• articles which are forfeited – when the the crime.
order of forfeiture is already final, can’t
be returned even in case of an acquittal Art. 47. In what cases the death penalty shall not
• confiscation and acquittal are additional be imposed. — The death penalty shall be imposed
penalties. Where the penalty imposed in all cases in which it must be imposed under
did not include the confiscation of the existing laws, except in the following cases:
goods involved, the confiscation & 1. When the guilty person be more than
forfeiture of said goods would be an seventy years of age.
additional penalty and would amount to 2. When upon appeal or revision of the case
an increase of the penalty already
by the Supreme court, all the members thereof
imposed, thereby placing the accused in
are not unanimous in their voting as to the
double jeopardy.
propriety of the imposition of the death penalty.
• when the accused has appealed,
For the imposition of said penalty or for the
confiscation and forfeiture not ordered
by the trial court may be imposed by the confirmation of a judgment of the inferior court
appellate court imposing the death sentence, the Supreme Court
• the government can’t appeal the shall render its decision per curiam, which shall be
modification of a sentence if the signed by all justices of said court, unless some
defendant did not appeal. But if the member or members thereof shall have been
defendant appeals, it removes all bars to disqualified from taking part in the consideration
the review and correction of the penalty of the case, in which even the unanimous vote and
imposed by the court below, even if an signature of only the remaining justices shall be
increase thereof should be the result. required.
 3

• whenever the judgment of the lower

court imposes the death penalty, the Art. 48. Penalty for complex crimes. — When a
case shall be determined by 10 justices single act constitutes two or more grave or less
of the court. When 10 justices fail to grave felonies, or when an offense is a necessary
reach a decision (as to the propriety of
means for committing the other, the penalty for
the imposition of the death penalty),
the most serious crime shall be imposed, the same
the penalty next lower in degree than
to be applied in its maximum period.
the death penalty shall be imposed.
• Death penalty not imposed in the ff
• The 2 or more grave or less grave
cases:
felonies must be the result of a single
a) when the person is more than 70 years old at act, or an offense must be a necessary
means to commit the crime.
time RTC sentenced him

b) when upon appeal or revision of the case by • Complex crime – one crime only as there
is only one criminal intent – only one
the SC, 10 justices are not unanimous in their voting
information need be filed.
c) when the offender is a minor under 18 yrs of
age. Why? Because minority is always a mitigating • 2 kinds of complex crimes:

circumstance a) compound crime – single act constitutes 2 or

more grave or less grave felonies
• Justification for the death penalty:
social defense and exemplarity. Not Requisites:
considered cruel and unusual because
does not involve torture or lingering 1) that only one single act is committed by the
death. offender
• Crimes where death penalty is imposed:
2) that the single act produces
a) treason
a) 2 or more grave felonies
b) certain acts of espionage under
Commonwealth Act 616 b) one or more grave and one or more less grave
felonies
c) correspondence w/ hostile country when it
contains notice or information and the intention of c) 2 or more less grave felonies
the offender is to aid the enemy
complex crime proper – when an offense is a
d) qualified piracy necessary means for committing another

e) certain violations of the Anti-subversion act Requisites:

f) parricide 1) that at least 2 offenses are committed

g) murder 2) that one or some of the offenses must be

necessary to commit the other
h) kidnapping and serious illegal detention
3) that both or all the offenses must be punished
i) robbery w/ homicide
under the same statute

j) rape w/ homicide • No single act in the following cases:

k) when death resulted from the commission of a) When 2 persons are killed one after the other,
arson or other crime involving destruction by different acts, although these 2 killings were the
result of a single criminal impulse, the different acts
• trial court must require the prosecution
to present evidence, despite plea of must be considered as distinct crimes.
guilty, when the crime charged is
b) When the acts are wholly different, not only in
punished by death. A sentence of death
themselves, but also because they are directed
is valid only if it is susceptible of a fair
and reasonable examination by the against 2 different persons, as when one fires his gun
court. This is impossible if no evidence twice in succession, killing one and injuring the
of guilt was taken after a plea of guilty. other.
 4
• Light felonies produced by the same act damage to property constitute a complex crime.
should be treated and punished as There is only one penalty but there are 3 civil
separate offenses or may be absorbed by liabilities.
the grave felony.
• No complex crime when one of the
Examples: offenses is penalized by a special law
• Example of complex crime proper (at
a) several light felonies resulting from one single act least 2 crimes must be committed):
– not complex
Kidnapping the victim to murder him in a secluded
Juan hit Pedro’s car, resulting in several light place – ransom wasn’t paid so victim was killed.
injuries and light felony of damage to property. No Kidnapping was a necessary means to commit
complex crime because the crime of slight physical murder. But where the victim was taken from his
injuries and damage to property are light felonies. home for the sole purpose of killing him and not for
There are as many crimes as there are persons detaining him illegally or for the purpose of ransom,
injured w/ light physical injuries and as many the crime is simple murder.
penalties as there are light felonies committed, even
though they are produced by a single act of the • “Necessary means” does not mean
offender. “indispensable means”. Indispensable
would mean it is an element of the
b) when the crime is committed by force or crime. The crime can be committed by
violence, slight physical injuries are absorbed. another mean. The means actually
employed (another crime) was merely to
• Examples of complex crimes: facilitate and insure the consummation
of the crime.
a) Juan was a barangay captain who was killed • When in the definition of a felony, one
while discharging his duty, the crime is a complex offense is a means to commit the other,
crime of homicide w/ assault upon a person of there is no complex crime.
authority.
Ex. Murder committed by means of fire. Murder can
b) Juan raped Petra, causing her physical injuries be qualified by the circumstance of fire so no
w/c required a month’s worth of medical attention. complex crime even if Art 321 and 324 punishes
This is a complex crime of rape w/ less serious arson. It’s plain and simple murder.
physical injuries. The injuries were necessary to the
commission of the rape. • Not complex crime when trespass to
dwelling is a direct means to commit a
• when in obedience to an order, several grave offense. Like rape, there is no
accused simultaneously shot many complex crime of trespass to dwelling
persons, without evidence how many with rape. Trespass will be considered as
each killed, there is only a single aggravating (unlawful entry or breaking
offense, there being a single criminal part of a dwelling)
impulse. • No complex crime when one offense is
• when various acts are executed for the committed to conceal another
attainment of a single purpose w/c
constitutes an offense, such acts must be Example: Juan set the school on fire after
considered only as one offense. committing homicide. 2 crimes.

Example: Juan falsified 100 warehouse receipts from • When the offender had in his possession
April to June which enabled him to swindle the bank the funds w/c he misappropriated, the
falsification of a public or official
of 100 million. There’s only one complex crime of
document involving said funds is a
estafa through multiple falsification of documents.
separate offense. But when the offender
• There is no complex crime of arson w/ had to falsify a public or official
homicide document to obtain possession of the
• Art 48 is applicable to crimes through funds w/c he misappropriated, the
negligence falsification is a necessary means to
commit the malversation.
Example: Juan lit a cigarette as he poured gas in the • There is no complex crime of rebellion
tank of his car in his garage. The gas caught fire and with murder, arson, robbery or other
common crimes. They are mere
the house burned. His sister died and the maid
ingredients of the crime of rebellion –
suffered serious physical injuries. The crimes of
absorbed already.
arson, homicide, serious physical injuries and
 5
• When 2 crimes produced by a single act penalties involved, but by the nature of
are respectively within the exclusive the penalties.
jurisdiction of 2 courts of different
jurisdiction, the court of higher Example: Even if the fine for damage to property
jurisdiction shall try the complex crime. through reckless imprudence is P40,000, an afflictive
penalty, and the penalty for the physical injuries
Example: Although the forcible abduction which was resulting from the same act is only 4 mos of arresto
supposedly commenced in Manila was not proven, mayor, a correccional penalty may be imposed.
and although the rape which was proven was
actually committed in Cavite, still the RTC of Manila • In the order of severity of the penalties,
had jurisdiction to convict the accused of rape. The arresto mayor and arresto menor are
complex crime of forcible abduction with rape was considered more severe than destierro
charged in the complaint on the basis of which the and arresto menor is higher in degree
than destierro.
case was tried.
• Fine is not included in the list of
• Art. 48 is intended to favor the culprit. penalties in the order of severity and it
• The penalty for complex crime is the is the last in the order.
penalty for the most serious crime, the • Art 48 applies only to cases where the
same to be applied in its maximum Code doesn’t provide a specific penalty
period. If the different crimes resulting for a complex crime.
from one single act are punished with • Art 48 doesn’t apply when the law
the same penalty, the penalty for any provides one single penalty for single
one of them shall be imposed, the same complex crimes like the ff:
to be applied in the maximum period.
The same rule shall be observed when an a) robbery w/ homicide
offense is a necessary means to commit
b) robbery w/ rape
the other.
• A complex crime of the second form may
c) kidnapping w/ serious physical injuries
be committed by two persons.
• But when one of the offenses, as a
d) rape w/ homicide
means to commit the other, was
committed by one of the accused by • When a complex crime is charged and
reckless imprudence, the accused who one offense is not proven, the accused
committed the crime by reckless can be convicted of the other.
imprudence is liable for his acts only. • Plurality of crimes – consists in the
successive execution by the same
Example: Juan cooperated in the commission of the individual of different criminal acts upon
complex offense of estafa through falsification by any of w/c no conviction has yet been
reckless imprudence by acts without which it could declared.
not have been accomplished, and this being a fact, • Kinds of plurality of crimes:
there would be no reason to exculpate him from
liability. Even assuming he had no intention to a) formal or ideal – only one criminal liability
defraud Tomas if his co-defendants succeeded in
b) real or material – there are different crimes in
attaining the purpose sought by the culprits, Juan’s
law as well as in the conscience of the offender, in
participation together w/ the participation of his co-
such cases, the offender shall be punished for each
defendants in the commission of the offense
and every offense that he committed.
completed all the elements necessary for the
perpetration of the complex crime of estafa
Example: Juan stabbed Pedro, then Juan stabbed
through falsification of documents. Tomas too. There are 2 committed as 2 acts were
performed.
• When two felonies constituting a
complex crime are punishable by
PLURALITY OF CRIMES RECIDIVISM
imprisonment and fine, respectively,
only the penalty of imprisonment shall There must be
be imposed. conviction by final
No conviction of the judgment of the first
• When a single act constitutes two grave
crimes committed prior offense
or less grave or one grave and another
less grave, and the penalty for one is • Formal/ideal plural crimes are divided
imprisonment while that for the other is into 3 groups: (a person committing
fine, the severity of the penalty for the multiple crimes is punished w/ one
more serious crime should not be judged penalty in the ff cases)
by the classification of each of the
 6
a) when the offender commits any of the
complex crimes defined in art 48
Art. 49. Penalty to be imposed upon the principals
b) when the law specifically fixes a single penalty when the crime committed is different from that
for 2 or more offenses committed: robbery w/ intended. — In cases in which the felony
homicide, kidnapping w/ serious physical injuires committed is different from that which the
offender intended to commit, the following rules
c) when the offender commits continued crimes shall be observed:
1. If the penalty prescribed for the felony
• Continued crimes – refers to a single
committed be higher than that corresponding to
crime consisting of a series of acts but
all arising from one criminal resolution. the offense which the accused intended to
Although there is a series of acts, there commit, the penalty corresponding to the latter
is only one crime committed, so only one shall be imposed in its maximum period.
penalty shall be imposed. 2. If the penalty prescribed for the felony
• Examples of continued crimes: committed be lower than that corresponding to
the one which the accused intended to commit,
a) a collector of a commercial firm the penalty for the former shall be imposed in its
misappropriates for his personal use several amounts maximum period.
collected by him from different persons. There is 3. The rule established by the next
only one crime because the different and successive preceding paragraph shall not be applicable if the
appropriations are but the different moments during acts committed by the guilty person shall also
which one criminal resolution arises. constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
b) Juan stole 2 books belonging to 2 different
either of the latter offenses, in which case the
persons. He commits only one crime because there is
penalty provided for the attempted or the
unity of thought in the criminal purpose of the
frustrated crime shall be imposed in its maximum
offender.
period.
• A continued crime is not a complex
crime as offender does not perform a • Art 49 has reference to the provision in
single act but a series of acts. Therefore: the 1st par of Art 4 which provides that
criminal liability shall be incurred “by
a) penalty not to be imposed in the maximum any person committing a felony although
the wrongful act done be different from
b) no actual provision punishing a continued that which he intended”
crime – it’s a principle applied in connection w/ 2 or • Art 49 applicable only in cases when
more crimes committed w/ a single intention. there is a mistake in identity of the
victim of the crime and the penalty for
• Continued crime is different from a the crime committed is different from
transitory crime. Transitory crime is that for the crime intended to be
“moving crime”. committed.
• Art 49 also has no application where a
Example: kidnapping someone for ransom and more serious consequence not intended
moving him to another venue. The offenders can be by the offender befalls the same person.
prosecuted and tried in either of the 2 areas.
Example: Juan only wanted to inflict a wound upon
REAL/MATERAIAL Pedro but because he lost control of his right arm,
PLURALITY CONTINUED CRIME he killed Pedro. Art 49 not applicable.
There is a series of acts
performed by the ART 49 ART 48
offender Same
Penalty for the more
Different acts Lesser penalty to be serious crime shall be
Each act performed constitute only one imposed in its imposed in its
constitutes a separate crime because all of maximum pd maximum pd
crime because each act is the acts performed
generated by a criminal arise from one Notes:
impulse criminal resolution. 1. Art. 49 has reference to Art. 4(1). It
applies only when there is error in
personae.
2. In Art. 49 (Paragraphs 1 and 2) the lower
penalty in its maximum period is always
imposed.
 7
3. In Par. 3 the penalty for the attempted in degree than that prescribed by law for an
or frustrated crime shall be imposed in attempt to commit a felony shall be imposed upon
its maximum period. This rule is not the accomplices in an attempt to commit the
necessary and may well be covered by felony.
Art. 48, in view of the fact that the same
act also constitutes an attempt or a
Art. 57. Penalty to be imposed upon accessories of
frustration of another crime.
an attempted
crime. — The penalty lower by two degrees than
that prescribed by law for the attempted felony
Art. 50. Penalty to be imposed upon principals of a
shall be imposed upon the accessories to the
frustrated
attempt to commit a felony.
crime. — The penalty next lower in degree than
that prescribed by law for the consummated
felony shall be imposed upon the principal in a Application of Article 50 to 57
frustrated felony. Participat Consumma Frustrat Attempt
ion ted ed ed

Penalty
Art. 51. Penalty to be imposed upon principals of imposed by
attempted crimes. — A penalty lower by two Principal law 1° less 2° less
degrees than that prescribed by law for the Accomplic
consummated felony shall be imposed upon the e 1° less 2° less 3° less
principals in an attempt to commit a felony. Accessory 2° less 3° less 4° less
• Notes:

Art. 52. Penalty to be imposed upon accomplices Art 50-57 not applicable when the law specifically
in consummated prescribes the penalty for the frustrated and
crime. — The penalty next lower in degree than attempted felony or that to be imposed upon the
that prescribed by law for the consummated shall accomplices and accessories.
be imposed upon the accomplices in the
Degree – one whole penalty, one entire penalty or
commission of a consummated felony.
one unit of the penalties enumerated in the
graduated scales provided for in Art 71

Art. 53. Penalty to be imposed upon accessories to Period – one of 3 equal portions, min/med/max of a
the commission of a consummated felony. — The divisible penalty. A period of a divisible penalty
penalty lower by two degrees than that prescribed when prescribed by the Code as a penalty for a
by law for the consummated felony shall be felony, is in itself a degree.
imposed upon the accessories to the commission
of a consummated felony. Distinctions between Degree and Period

Degree Period
Art. 54. Penalty to imposed upon accomplices in a Refers to the duration
frustrated of the penalty
crime. — The penalty next lower in degree than Refers to the penalty consisting of the
imposable for a felony maximum, medium,
prescribed by law for the frustrated felony shall be committed considering and minimum, after
imposed upon the accomplices in the commission the stages of considering the
of a frustrated felony. execution and the presence or absence of
degree of participation aggravating
of the offender circumstances

May refer to both

Art. 55. Penalty to be imposed upon accessories of divisible and Refers only to divisible
a frustrated indivisible penalties penalty.
crime. — The penalty lower by two degrees than • The rules provided in Arts. 53, 55 and 57
that prescribed by law for the frustrated felony do not apply if the felony is light
shall be imposed upon the accessories to the because accessories are not liable for
commission of a frustrated felony. the same
• Bases for imposition of the penalty under
the RPC
Art. 56. Penalty to be imposed upon accomplices 1. Stage of the commission of the crime
in an attempted crime. — The penalty next lower 2. Participation of the persons liable
 8
3. Presence of aggravating or mitigating Example: Juan fired a revolver at Pedro at the
circumstances distance of 2 kilometers. This shoes stupidity rather
than danger. Juan should not be punished as there is
no social danger nor degree of criminality.
Art. 58. Additional penalty to be imposed upon
certain accessories. — Those accessories falling But if Juan was a convicted felon, act may be
within the terms of paragraphs 3 of Article 19 of punished.
this Code who should act with abuse of their
• Article limited to those cases of grave
public functions, shall suffer the additional penalty
and less grave felonies.
of absolute perpetual disqualification if the
principal offender shall be guilty of a grave felony,
Art. 60. Exception to the rules established in
and that of absolute temporary disqualification if
Articles 50 to 57. — The provisions contained in
he shall be guilty of a less grave felony.
Articles 50 to 57, inclusive, of this Code shall not
be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or
• Art is limited only to grave and less
attempted felony, or to be imposed upon
grave felonies since it is not possible to
have accessories liable for light felonies.
accomplices or accessories.
It is further limited to those whose
participation in the crime is • 2 cases wherein the accomplice is
characterized by the misuse of public punished w/ the same penalty imposed
office or authority. upon the principal

Example: a) A mayor aided in friend, a wanted a) ascendants, guardians, curators, teachers and
criminal, in escaping any person who by abuse of authority or confidential
relationship shall cooperate as accomplices in the
b) A senator gives protection to his jueteng lord crimes of rape, acts of lasciviousness, seduction,
friend corruption of minors, white slave trade or abduction.

• Additional Penalties for Public Officers b) one who furnished the place for the
who are accessories perpetration of the crime of slight illegal detention.
1. Absolute perpetual disqualification, if
the principal offender is guilty of a grave • Accessory punished as principal: Art 142
felony. – punishes an accessory for knowingly
2. Absolute temporary disqualification if concealed certain evil practices.
the principal offender is guilty of less • Cases when instead of a penalty 2
grave felony. degrees lower, one degree for accessory:

Art. 59. Penalty to be imposed in case of failure to a) knowingly using counterfeited seal or forged
commit the crime because the means employed or signature or stamp of the President
the aims sought are impossible. — When the
b) illegal possession and use of false treasury or
person intending to commit an offense has already
bank note
performed the acts for the execution of the same
but nevertheless the crime was not produced by c) using a falsified document
reason of the fact that the act intended was by its
nature one of impossible accomplishment or d) using a falsified dispatch
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 mayor or a fine from 200 to 500
pesos.

• Basis for the imposition of proper

penalty in impossible crimes: sopcial
danger and degree of criminality shown
by the offender.
 9
Art. 61. Rules for graduating penalties. — For the Graduated Scale in Art 71
purpose of graduating the penalties which, • Indivisible Penalties:
according to the provisions of Articles 50 to 57,
inclusive, of this Code, are to be imposed upon a) Death
persons guilty as principals of any frustrated or
b) Reclusion Perpetua
attempted felony, or as accomplices or
accessories, the following rules shall be observed: • Divisible Penalties:

1. When the penalty prescribed for the

a) Reclusion Temporal
felony is single and indivisible, the penalty next
lower in degrees shall be that immediately b) Prision Mayor
following that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this c) Prision Correccional
Code.
2. When the penalty prescribed for the d) Arresto Mayor
crime is composed of two indivisible penalties, or
e) Destierro
of one or more divisible penalties to be impose to
their full extent, the penalty next lower in degree f) Arresto Menor
shall be that immediately following the lesser of
the penalties prescribed in the respective g) Public Censure
graduated scale.
3. When the penalty prescribed for the h) Fine
crime is composed of one or two indivisible
• Rule No. 1:
penalties and the maximum period of another
divisible penalty, the penalty next lower in degree When the penalty is single and indivisible (ex. RP),
shall be composed of the medium and minimum the penalty next lower shall be reclusion temporal.
periods of the proper divisible penalty and the
maximum periods of the proper divisible penalty • Rule No. 2:
and the maximum period of that immediately
a) when the penalty is composed of two indivisible
following in said respective graduated scale.
penalties
4. when the penalty prescribed for the
crime is composed of several periods,
Ex. penalty for parricide is reclusion perpetua to
corresponding to different divisible penalties, the
death, the next lower penalty is reclusion temporal
penalty next lower in degree shall be composed of
the period immediately following the minimum b) when the penalty is composed of one or more
prescribed and of the two next following, which divisible penalties to be imposed to their full extent
shall be taken from the penalty prescribed, if
possible; otherwise from the penalty immediately Ex. one divisible penalty is reclusion temporal. The
following in the above mentioned respective penalty immediately following RT is prision mayor. 2
graduated scale. divisible penalties are prision correccional to prision
5. When the law prescribes a penalty for a mayor. The penalty immediately preceding the
crime in some manner not especially provided for lesser of the penalties of prision correccional to
in the four preceding rules, the courts, proceeding prision mayor is arresto mayor.
by analogy, shall impose corresponding penalties
• Rule No. 3:
upon those guilty as principals of the frustrated
felony, or of attempt to commit the same, and
When the penalty is composed of 2 indivisible
upon accomplices and accessories.
penalties and the maximum period of a divisible
penalty/ or when composed of one divisible penalty
• The rules provided in this Art should also
the maximum of one divisible penalty
apply in determining the minimum of the
Indeterminate Sentence Law (ISL). It also
Ex. penalty for murder is reclusion temporal to
applies in lowering the penalty by one or
death. The point of reference will be on the proper
two degrees by reason of the presence of
divisible penalty which is reclusion temporal. Under
the privileged mitigating circumstance or
the 3rd rule, the penalty next lower to reclusion
when the penalty is divisible and there
are two or more mitigating temporal is composed of the medium and minimum
circumstances. periods of reclusion temporal and the maximum of
prision mayor.
• Rule No.4:
 10
When the penalty is composed of several periods 4. The circumstances which consist in the
material execution of the act, or in the means
Ex. the “several” periods contemplated in this rule employed to accomplish it, shall serve to
correspond to different divisible penalties. A penalty aggravate or mitigate the liability of those persons
of prision mayor in its medium period to reclusion only who had knowledge of them at the time of
temporal in its minimum period is an example of the execution of the act or their cooperation
such. The penalty immediately following the therein.
minimum of the entire sentence, which is prision
mayor medium, is prision mayor in its minimum and 5. Habitual delinquency shall have the
the 2 periods next following, which are prision following effects.
correccional max and medium.
(a) Upon a third conviction the culprit shall
• Rule No.5: be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to
When the penalty has only 2 periods the additional penalty of prision correccional in its
medium and maximum periods;
Ex. Abduction punishable by prision correccional in
its medium and minimum. The next penalty (b) Upon a fourth conviction, the culprit
following is formed by 2 periods to be taken from shall be sentenced to the penalty provided for the
the same penalty if possible or from the periods of last crime of which he be found guilty and to the
the penalty numerically following the lesser of the additional penalty of prision mayor in its minimum
penalties prescribed. The penalty next following and medium periods; and
prision correccional in its med and min shall be
arresto mayor in its med and max. (c) Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty provided
• Mitigating and Aggravating circumstances
for the last crime of which he be found guilty and
are first disregarded in the application of
to the additional penalty of prision mayor in its
the rules for graduating penalties. It is
maximum period to reclusion temporal in its
only after the penalty next lower in
minimum period.
degree is already determined that the
mitigating and aggravating
Notwithstanding the provisions of this article, the
circumstances should be considered.
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case
Art. 62. Effect of the attendance of mitigating or
exceed 30 years.
aggravating circumstances and of habitual
delinquency. — Mitigating or aggravating For the purpose of this article, a person shall be
circumstances and habitual delinquency shall be deemed to be habitual delinquent, is within a
taken into account for the purpose of diminishing period of ten years from the date of his release or
or increasing the penalty in conformity with the last conviction of the crimes of serious or less
following rules: serious physical injuries, robo, hurto estafa or
1. Aggravating circumstances which in falsification, he is found guilty of any of said
themselves constitute a crime specially punishable crimes a third time or oftener.
by law or which are included by the law in
defining a crime and prescribing the penalty
• Par 1: Aggravating circumstances are not
therefor shall not be taken into account for the
to be taken into account when:
purpose of increasing the penalty.

2. The same rule shall apply with respect to a) they themselves constitute a crime
any aggravating circumstance inherent in the
Ex. by “means of fire” – arson
crime to such a degree that it must of necessity
accompany the commission thereof. b) they are included by law in the definition of a
3. Aggravating or mitigating circumstances crime
which arise from the moral attributes of the
• Par 2: Same rules applies when the
offender, or from his private relations with the
aggravating circumstance is inherent in
offended party, or from any other personal cause, the crime
shall only serve to aggravate or mitigate the • Par 3. Aggravating or mitigating
liability of the principals, accomplices and circumstances arising from any of the ff
accessories as to whom such circumstances are affect only those to whom such
attendant. circumstances are attendant:
 11
a) from the moral attributes of the offender c) when an offender has committed several
crimes mentioned in the definition of habitual
b) from his private relations w/ the offended delinquent, without being first convicted of any of
party them before committing the others, he is not a
habitual delinquent
c) from any other personal cause
d) convictions on the same day or at about the
• Par 4: the circumstances w/c consist of
same time are considered as one only (days,
the ff shall serve to aggravate and
mitigate the liability only of those who weeks..)
had knowledge of them at the time of
e) crimes committed on the same date, although
the commission of the offense
convictions on different dates are considered as one
a) material execution of the act
f) previous convictions are considered every time
b) means employed to accomplish the crime a new offense is committed

• Par 5: Habitual Delinquent is a person g) commissions of those crimes need not be

who within the period of 10 years from consummated
the date of his (last) release or last
conviction of the crimes of: h) habitual delinquency applies to accomplice
and accessories as long as in the crimes specified
a) serious or less serious physical injuries
i) a crime committed in the minority of the
b) robbery offender is not counted

c) estafa j) imposition of additional penalty is mandatory

and constitutional
d) falsification
k) modifying circumstances applicable to
is found guilty of any of the said crimes a third time additional penalty
or oftener.
l) habitual delinquency is not a crime, it is
• Ten year period to be computed from
simply a fact or circumstance which if present gives
the time of last release or conviction
rise to the imposition of additional penalty
• Subsequent crime must be committed
after conviction of the former crime.
m) penalty for habitual delinquency is a real
Cases still pending are not to be taken
penalty that determines jurisdiction
into consideration.
HABITUAL n) a habitual delinquent is necessarily a recidivist
DELINQUENCY RECIDIVISM

Crimes to be committed • o) in imposing the additional penalty,

are specified Same title recidivism is not aggravating. The
additional penalty must be imposed in its
W/ in 10 years No time fixed by law
minimum
Must be found guilty
3rd time or oftener Second conviction p) an offender can be a habitual delinquent w/o
Is not offset by MC, being a recidivist
Additional penalty is increases penalty to
imposed maximum Notes:
• Rulings on Habitual Delinquency: • In no case shall be the total penalties
imposed upon the offender exceed 30
a) the law on habitual delinquency does not years
contemplate the exclusion from the computation of • The law does not apply to crimes
prior conviction those falling outside the 10 yr pd described in Art. 155
immediately preceding the crime for w/c the • The imposition of the additional
defendant is being tried penalties on habitual delinquents are
constitutional, it is simply a punishment
b) ten yr pd is counted not from the date of on future crimes on account of the
commission of the subsequent offense but to the criminal propensities of the accused.
• The imposition of such additional
date of conviction thereof in relation to the date of
penalties are mandatory.
his last release or last conviction
• Habitual delinquency applies at any
stage of the execution because
 12
subjectively, the offender reveals the many mitigating circumstances are
same degree of depravity or perversity present
as the one who commits a consummated o Exception: in cases of
crime. privileged mitigating
• Habitual delinquency applies to all circumstances
participants because it reveals • Par.4: the moral value rather than the
persistence in them of the inclination to numerical weight shall be taken into
wrongdoing and of the perversity of account
character that led them to commit the • Rules for the application of indivisible
previous crime. penalties
• Cases where the attending aggravating o Penalty is single and
or mitigating circumstances are not indivisible – applied
considered in the imposition of regardless of the presence
penalties. of aggravating and
• Penalty that is single and indivisible mitigating circumstances
• Felonies through negligence o Penalty composed of two
• Penalty is a fine indivisible penalties
• Penalty is prescribed by a special law 1. One aggravating circumstance present –
higher penalty
Art. 63. Rules for the application of indivisible 2. One mitigating circumstance present –
penalties. — In all cases in which the law lower penalty
prescribes a single indivisible penalty, it shall be 3. Some mitigating circumstances present
applied by the courts regardless of any mitigating and no aggravating – lower penalty
4. Mitigating and Aggravating Circumstance
or aggravating circumstances that may have
are present – basis in number and
attended the commission of the deed.
importance.
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.

• Art 63 applies only when the penalty

prescribed by the Code is either one
indivisible penalty or 2 indivisible
penalties
• When the penalty is composed of 2
indivisible penalties, the penalty cannot
be lowered by one degree no matter how
 13
Art. 64. Rules for the application of penalties Example: a qualifying circumstance (treachery)
which contain three periods. — In cases in which cannot be offset by a generic mitigating
the penalties prescribed by law contain three circumstance (voluntary circumstance)
periods, whether it be a single divisible penalty or
composed of three different penalties, each one of • The court has discretion to impose the
penalty within the limits fixed by law
which forms a period in accordance with the
• Art 64 not applicable when the penalty is
provisions of Articles 76 and 77, the court shall
indivisible or prescribed by special law
observe for the application of the penalty the
or a fine
following rules, according to whether there are or
• Rules for the application of divisible
are not mitigating or aggravating circumstances: penalties
o No aggravating and no
1. When there are neither aggravating nor
mitigating circumstances –
mitigating circumstances, they shall impose the medium period
penalty prescribed by law in its medium period. o One mitigating
circumstance – minimum
2. When only a mitigating circumstances is
period
present in the commission of the act, they shall o One aggravating
impose the penalty in its minimum period. circumstance – maximum
period
3. When an aggravating circumstance is o Mitigating and aggravating
present in the commission of the act, they shall circumstance o offset
impose the penalty in its maximum period. each other and according
to relative weight
4. When both mitigating and aggravating o 2 or more mitigating
circumstances are present, the court shall without any aggravating
reasonably offset those of one class against the circumstance – on degree
other according to their relative weight. lower

5. When there are two or more mitigating Art. 65. Rule in cases in which the penalty is not
circumstances and no aggravating circumstances composed of three periods. — In cases in which the
are present, the court shall impose the penalty penalty prescribed by law is not composed of
next lower to that prescribed by law, in the period three periods, the courts shall apply the rules
that it may deem applicable, according to the contained in the foregoing articles, dividing into
number and nature of such circumstances. three equal portions of time included in the
penalty prescribed, and forming one period of
6. Whatever may be the number and nature
each of the three portions.
of the aggravating circumstances, the courts shall
not impose a greater penalty than that prescribed
by law, in its maximum period.
COMPUTATIONS:
7. Within the limits of each period, the A. Example: Prision Mayor (6 yrs, 1 day to 12 yrs)
court shall determine the extent of the penalty 1) subtract the minimum (disregard 1 day) from
according to the number and nature of the the maximum
aggravating and mitigating circumstances and the
12yrs – 6yrs = 6 yrs
greater and lesser extent of the evil produced by
the crime. 2) divide the difference by 3

6 yrs / 3 = 2 yrs
• Art 64 applies when the penalty has 3
periods because they are divisible. If the 3) use the minimum (6 yrs and 1 day) as the
penalty is composed of 3 different minimum of the minimum period. Then add the 2
penalties, each forms a period according yrs (disregarding the 1 day) to the minimum to get
to Art 77
the maximum of the minimum
• Par 4: the mitigating circumstances must
be ordinary, not privileged. The 6 yrs (minimum of the minimum)
aggravating circumstances must be
generic or specific, not qualifying or + 2 yrs (difference)
inherent.
——————————————-

8 yrs (maximum of the minimum).

 14
Therefore, minimum period of prision mayor; 6 yrs 1 4) Use the maximum of the minimum as the
day to 8 yrs minimum of the medium period. Add 1 day to
distinguish it from the maximum of the minimum.
4) use the maximum of the minimum period as Add the 8 months and this becomes the maximum
the minimum of the medium period and add 1 day of the medium
to distinguish from the minimum period. Then add
2 years to the minimum of the medium 6 yrs 8 months + 8 months = 7 yrs 4 months
(disregarding the 1 day) to get the maximum of
the medium period. Therefore, the medium period of prision mayor
minimum; 6 yrs 8 mos 1 day to 7 yrs 4 mos
8 yrs (minimum of the medium)
5) Use the maximum of the medium as the
+ 2 yrs (difference) minimum period of the maximum period and add 1
day to distinguish. Add the 8 months to get the
——————————————- maximum of this maximum

10 yrs (maximum of the medium) 7 yrs 4 mos + 8 mos = 8 yrs

Therefore, medium period of prision mayor; 8 yrs 1 Therefore, maximum of prision mayor; 7 yrs 4 mos 1
day to 10 yrs day to 8 yrs

5) use the maximum of the medium period as

Art. 66. Imposition of fines. — In imposing fines
the minimum of the maximum pd, add 1 day to
the courts may fix any amount within the limits
distinguish it from the medium period. Then add 2
established by law; in fixing the amount in each
yrs to the minimum of the maximum pd
case attention shall be given, not only to the
(disregarding the 1 day) to get the maximum of
mitigating and aggravating circumstances, but
the maximum period)
more particularly to the wealth or means of the
10 yrs (maximum of the medium) culprit.

+ 2 yrs (difference) • Court must consider the following in

imposing the fine:
———————————————-
a) mitigating and aggravating circumstances
12 yrs (maximum of the maximum)
b) the wealth and means of the culprit
Therefore, maximum period of prision mayor; 10 yrs
1 day to 12 yrs • When the minimum of the fine is not
fixed, the court shall have the discretion
• Computation above applicable to all provided it does not exceed the amount
others except arresto mayor authorized by law

B. Example: Prision Mayor minimum (6 yrs 1 day to 8 Art. 67. Penalty to be imposed when not all the
yrs) only requisites of exemption of the fourth circumstance
of Article 12 are present.— When all the conditions
1) Subtract minimum from the maximum
required in circumstances Number 4 of Article 12
of this Code to exempt from criminal liability are
8yrs – 6yrs = 2 yrs
not present, the penalty of arresto mayor in its
2) Divide the difference by 3 maximum period to prision correccional in its
minimum period shall be imposed upon the culprit
2yrs / 3 = 8 months if he shall have been guilty of a grave felony, and
arresto mayor in its minimum and medium
3) Use the minimum of the given example as
periods, if of a less grave felony.
the minimum period. Then to get to get the
maximum of the minimum, add the 8 months • Requisites of Art 12 par 4

6 yrs + 8 months = 6 yrs and 8 months a) act causing the injury must be lawful

Therefore, minimum of prision mayor minimum; 6 b) act performed w/ due care

yrs 1 day to 6 yrs 8 months
c) injury was caused by mere accident
 15
d) no fault or intention to cause injury nature of the conditions of exemption present or
lacking.
• if these conditions are not all present,
then the ff penalties shall be imposed: Penalty to be imposed when the crime committed is
not wholly excusable
a) grave felony – arresto mayor max to prision
correccional min
o 1 or 2 degrees lower if the majority of the
conditions for justification or exemption in the
b) less grave felony – arresto mayor min to
cases provided in Arts. 11 and 12 are present.
arresto mayor med

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.

Notes:
• Art. 68 applies to such minor if his
application for suspension of sentence is
disapproved or if while in the
reformatory institution he becomes
incorrigible in which case he shall be
returned to the court for the imposition
of the proper penalty.
• Art. 68 provides for 2 privileged
mitigating circumstances

If the act is attended by two or more mitigating

circumstance and no aggravating circumstance, the
penalty being divisible a minor over 15 but under 18
may still get a penalty two degrees lower.

• under 15 but over 9 and has acted w/

discretion: 2 degrees lower
• under 18 but over 15: 1 degree lower

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
 16
Art. 70. Successive service of sentence. — When the culprit Example: Juan has 10 sentences of 6 months and 1 day each
has to serve two or more penalties, he shall serve them and a fine of 1000. He was not able to pay the fine.
simultaneously if the nature of the penalties will so permit Therefore, he must serve subsidiary penalty after 18 months
otherwise, the following rules shall be observed: and 3 days in jail.

In the imposition of the penalties, the order of their Art. 71. Graduated scales. — In the case in which
respective severity shall be followed so that they may be the law prescribed a penalty lower or higher by
executed successively or as nearly as may be possible, one or more degrees than another given penalty,
should a pardon have been granted as to the penalty or the rules prescribed in Article 61 shall be
penalties first imposed, or should they have been served observed in graduating such penalty.
out.
The lower or higher penalty shall be taken from
For the purpose of applying the provisions of the next the graduated scale in which is comprised the
preceding paragraph the respective severity of the given penalty.
penalties shall be determined in accordance with the The courts, in applying such lower or higher
following scale: penalty, shall observe the following graduated
scales:
1. Death,
SCALE NO. 1
2. Reclusion perpetua,
1. Death,
3. Reclusion temporal,
2. Reclusion perpetua,
4. Prision mayor, 3. Reclusion temporal,

5. Prision correccional, 4. Prision mayor,

6. Arresto mayor,
5. Prision correccional,

6. Arresto mayor,
7. Arresto menor,
7. Destierro,
8. Destierro,
8. Arresto menor,
9. Perpetual absolute disqualification,
9. Public censure,
10 Temporal absolute disqualification. 10. Fine.

11. Suspension from public office, the right to vote SCALE NO. 2
and be voted for, the right to follow a profession or calling,
1. Perpetual absolute disqualification,
and
2. Temporal absolute disqualification
12. Public censure.
3. Suspension from public office, the right
Notwithstanding the provisions of the rule next preceding, to vote and be
the maximum duration of the convict’s sentence shall not
voted for, the right to follow a
be more than three-fold the length of time corresponding
profession or calling,
to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted 4. Public censure,
after the sum total of those imposed equals the same
5. Fine.
maximum period.

Such maximum period shall in no case exceed forty years. Art. 72. Preference in the payment of the civil
liabilities. — The civil liabilities of a person found
In applying the provisions of this rule the duration of
guilty of two or more offenses shall be satisfied by
perpetual penalties ( pena perpetua) shall be computed at
following the chronological order of the dates of
thirty years. (As amended).
the judgments rendered against him, beginning
with the first in order of time.
Maximum duration of the convict’s sentence: 3 times the
most severe penalty
• the penalties shall be satisfied according
• Max period shall not exceed 40 years
to the scale of Art 70
• Subsidiary imprisonment – this shall be
excluded in computing for the maximum
duration
 17
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.

• subsidiary penalties are deemed

imposed. However, the subsidiary
imprisonment must be expressly stated
in the decision.

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.

• if the decision or law says higher than RP

or 2 degrees than RT, then the penalty
imposed is RP or RT as the case may be.
Death must be designated by name.
However, for the other penalties, this
does not apply.

Example: the penalty for crime X is 2 degrees lower

than RP. The penalty imposed is prision mayor.

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.

• To get the lower degree:

o Max: reduce by one-fourth
o Min: the same