Chapter Four 2.
When upon appeal or revision of the case by the Supreme court,
APPLICATION OF PENALTIES
 
Section One. — Rules for the application of penalties to the
persons criminally liable and for the graduation of the same.
  
Art. 46. Penalty to be imposed upon principals in general. — The penalty
prescribed by law for the commission of a felony shall be imposed upon the
principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall
be understood as applicable to the consummated felony.
Penalty prescribed in general terms – general rule
Penalty prescribed by law in general terms shall be imposed:
1. Upon the principals
2. For consummated felony
Exceptions
1. When the law fixes a penalty for frustrated or attempted felony
2. Whenever it is believed that the penalty lower by one or two degrees
corresponding to said acts of execution is not in proportion to the
wrong done, the law fixes a distinct penalty for the principal in
frustrated or attempted felony.
Graduation of penalties by degrees or by periods
By degrees – refers to stages of execution (consummated, frustrated, or
attempted) and to the degree of criminal participation of the offender
(whether as principal, accomplice, or accessory).
By periods – refers to the proper period (as maximum, medium, and
minimum) of the penalty which should be imposed when aggravating or
mitigating circumstances attend the commission of the crime.
Art. 47. In what cases the death penalty shall not be imposed. — The death
penalty shall be imposed in all cases in which it must be imposed under
existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
all the members thereof are not unanimous in their voting as to the
propriety of the imposition of the death penalty. For the imposition of
said penalty or for the confirmation of a judgment of the inferior 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
disqualified from taking part in the consideration of the case, in which
even the unanimous vote and signature of only the remaining
justices shall be required.
★ Majority vote of the Supreme Court is required for the imposition of the
death penalty.
★ The Court of Appeals has aptly been given the direct mandate to review
factual issues before the case is elevated to the Supreme Court.
★ The 1987 Constitution merely suspended the imposition of the death
penalty.
Section 19 (1) provides that: “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.”
 Nothing therein expressly declares the abolition of the death penalty.
R.A. No. 7659 – restored the death penalty (enacted on 31 Dec 1993)
R.A. No. 9326 – prohibited the imposition of death penalty and provided for
the imposition of reclusion perpetua in lieu of death (enacted 24 Jun 2006)
Death penalty is not imposed in the following cases:
1. When the person is below 18 years of age at the time of the
commission of the crime.
2. When the guilty person is more than 70 years of age.
3. When upon appeal or automatic review of the case by the Supreme
Court, the vote of eight members is not obtained for the imposition of
the death penalty.
★ Social defense and exemplarity justify the penalty of death.
R.A. No. 296 – provides that eight justices must concur in the imposition of
death penalty 1. Compound crime – when a single act constitutes two or more grave
or less grave felonies.
 can be given retroactive effect
 procedural and not substantive Requisites:
a. That only a single act is performed by the offender.
b. That the single act produces (i) two or more grave felonies, or (ii)
In what crimes may death penalty be imposed?
one or more grave and one or more less grave felonies, or (iii)
two or more less grave felonies.
1. Treason
2. Piracy ★ Several shots from Thompson sub-machine gun causing several deaths,
3. Qualified piracy although caused by a single act of pressing the trigger, are considered
4. Qualified bribery several acts.
5. Parricide
6. Murder ★ Light felonies produced by the same act should be treated and punished
7. Infanticide as separate offenses or may be absorbed by the grave felony.
8. Kidnapping and serious illegal detention
9. Robbery with homicide
 Several light felonies resulting from one single act – not complex
10. Destructive arson
 When the crime is committed by force or violence, slight physical
11. Rape with homicide
injuries are absorbed.
12. Plunder
13. Certain violations of the Dangerous Drugs Act
★ Rape with homicide is a special complex crime not covered by Art. 48.
14. Carnapping
★ When in obedience to an order several accused simultaneously shot many
★ The trial court must require the prosecution to present evidence, despite persons, without evidence how many each killed, there is only a single
plea of guilty when the crime charged is punished with death. offense, there being a single criminal impulse.

★ Where the penalty of reclusion perpetua is imposed, in lieu of the death  Applies only when no evidence at all show the number of persons
penalty, there is a need to perfect an appeal. killed by each of several defendants.

★ The records of all cases imposing the penalty of death, reclusion perpetua
or life imprisonment shall be forwarded by the Court of Appeals to the
Supreme Court for review.
Art. 48. Penalty for 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.
★ At least two crimes must be committed, which must be a result of a single
act, or an offense must be a necessary means for committing the other.
Note: The “single-criminal-impulse”, “same motive”, or the “single purpose”
theory has no legal basis, for Art. 48 speaks of a “single act”.
However, the theory is acceptable when it is not certain who among
the accused killed or injured each of the several victims.
★ When it is within the scope of possibility that the two victims were killed by
one and the same missile, the crime should be classified as a complex crime.
★ There is no complex crime of arson with homicide under Art. 48.
★ Penalty is applicable to crimes through negligence.

★ A complex crime is only one crime. ★ Theft of firearm and illegal possession of the same firearm do not form a
complex crime – they are two distinct crimes.

Kinds of complex crimes:

 2. Complex crime proper – when an offense is a necessary means for
committing the other.
Requisites:
a. That at least two offenses are committed.
b. That one or some of the offenses must be necessary to commit
the other.
c. That both or all the offenses must be punished under the same
statute.
★ At least two offenses must be committed.
★ The phrase “necessary means” does not mean “indispensable means”.
★ In complex crime, when the offender executes various acts, he must have
a single purpose.
★ When in the definition of a felony one offense is a means as to commit the
other, there is no complex crime.
 Killing of a person by means of fire or by means of explosion is
plainly and simply murder. There is no arson nor crime involving
destruction.
★ Subsequent acts of intercourse, after forcible abduction with rape are
separate acts of rape.
★ No complex crime when trespass to dwelling is a direct means to commit a
grave offense.
★ No complex crime, when one offense is committed to conceal the other.
 After committing homicide, the accused, in order to conceal the
crime, set fire to the house where it had been perpetrated.
★ When the offender had in his possession the funds which he
misappropriated, the falsification of a public or official documents involving
said funds is a separate offense.
 But when the offender had to falsify a public or official document to
obtain possession of the funds which he misappropriated, the
falsification is a necessary means to commit the malversation.
★ No complex crime where one of the offense is penalized by a special law.
 In malversation of public funds through falsification of public
document, two crimes are punishable under different statutes, i.e.,
the Administrative Code and the Penal Code.
★ Illegal possession of firearm is not a necessary means to commit
homicide.
 There are two separate criminal intents.
R.A. 8294 – the use of unlicensed firearm in murder or homicide is now
considered, not a separate crime, but merely a special aggravating
circumstance.
★ Illegal possession of firearm is absorbed in rebellion.
★ When two or more crimes are committed but (1) not by a single act, or (2)
one is not a necessary means for committing the other, there is no complex
crime.
★ There is no complex crime of rebellion with murder, arson, robbery, or
other common crimes.
★ When two crimes produced by a single act respectively within the
jurisdiction of two courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
★ The RTC of Manila retained the jurisdiction in a charge of abduction with
rape, although abduction, which was commenced in Manila, was not proven
and the rape which was committed in Cavite, was the only matter proved.
★ Art. 48 is intended to favor the culprit.
★ The penalty for complex crime is the penalty for the most serious crime,
the same to be applied in its maximum period.
 But when one of the offenses, as a means to commit the other, was
committed by one of the accused by reckless imprudence, that
accused who committed the offense by reckless imprudence is liable
for his act only.
 When the homicide, physical injuries, and the burning of a house
are the result of one single act of negligence, there is only one
penalty, but there are three civil liabilities.
  When the penalty for one of the crimes resulting from a single act is
beyond the jurisdiction of the municipal court, there should be
additional penalty for the other.
★ When two felonies constituting a complex crime are punishable by
imprisonment and fine, respectively, only the penalty of imprisonment should
be imposed.
★ Art. 48 applies only to cases where the Code does not provide a definite
specific penalty for a complex crime.
★ One information should be filed when a complex crime is committed.
★ When a complex crime is charged and once offense is not proven, the
accused can be convicted of the other.
★ Art. 48 does not apply when the law provides one singe penalty for special
complex crimes.
Plurality of crimes – consists in the successive execution by the same
individual of different criminal acts upon any of which no conviction has been
declared.
Plurality of crimes Recidivism
No conviction of any of the crimes There must be conviction by final
committed judgment of the first or prior offense
Kinds of plurality of crimes
1. Formal or ideal plurality – there is but one criminal liability
A person committing multiple crimes is punished with ONE penalty in the
following cases:
a. When the offender commits any of the complex crimes defined in
Art. 48 of this Code.
b. When the law specifically fixes a single penalty for two or more
offenses committed, e.g., Robbery with homicide (Art. 294);
Kidnapping with serious physical injuries (Art. 267, par. 3)
c. When the offender commits continued crimes (a single crime,
consisting of a series of acts but all arising from one criminal
resolution).
★ A continued crime is not a complex crime.
Transitory crime – “moving crime”
 Criminal action may be instituted and tried in the court, municipality,
city or province wherein any of the essential ingredients thereof took
place.
 Singleness of the crime, committed by executing two or more acts, is
not considered.
2. Real or material plurality – there are different crimes in law as well as
in the conscience of the offender. In such cases, the offender shall
be punished for each and every offense that he committed.
Real or material plurality Continued Crime
There is a series of acts performed by the offender.
Each act performed by the offender The different acts constitute only one
constitutes a separate crime. crime.
Each act is generated by a criminal All of the acts performed rise from
impulse one criminal resolution.
Art. 49. Penalty to be imposed upon the principals when the crime
committed is different from that intended. — 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.
Rules as to the penalty to be imposed when the crime committed is
different from that intended.
 1. If the penalty for the felony committed be higher than the penalty for
the offense which the accused intended to commit, the lower penalty
shall be imposed in its maximum period.
2. If the penalty for the felony committed be lower than the penalty for
the offense which the accused intended to commit, the lower penalty
shall be imposed in its maximum period.
3. If the act committed also constitutes an attempt or frustration of
another crime, and the law prescribes a higher penalty for either of
the latter, the penalty for the attempted or frustrated crime shall be
imposed in its maximum period.
★ Art. 49 applies only where there is a mistake in the identity of the victim of
the crime, and the penalty for the crime committed is different from that for
the crime intended to be committed.
 has reference to the provision of the 1st paragraph of Art.4, which
covers (1) aberratio ictus (mistake in the blow), (2) error in personae
(mistake in the identity of the victim), and (3) praeter intentionem
(when a more serious consequence not intended by the offender
befalls the same person).
★ Art. 49 applicable only when the intended crime and the crime actually
committed are punished with different penalties.
Art. 48 Art. 49
The penalty for the more or most Lesser penalty in the maximum
serious crime in its maximum period period is to be imposed
shall be imposed.
★ Rule No. 3 in Art. 49 is not necessary.
 May be well covered by Art. 48, wherein the same act committed by
the guilty person, which gives rise to one crime, also constitutes an
attempt or a frustration of another crime.
Art. 50. Penalty to be imposed upon principals of a frustrated  crime.  — The
penalty next lower in degree than that prescribed by law for the
consummated felony shall be imposed upon the principal in a frustrated
felony.
Art. 51. Penalty to be imposed upon principals of attempted crimes. — A
penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the principals in an attempt to
commit a felony.
Art. 52. Penalty to be imposed upon accomplices in consummated crime. —
The penalty next lower in degree than that prescribed by law for the
consummated shall be imposed upon the accomplices in the commission of
a consummated felony.
Art. 53. Penalty to be imposed upon accessories to the commission of a
consummated felony.— The penalty lower by two degrees than that
prescribed by law for the consummated felony shall be imposed upon the
accessories to the commission of a consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated   crime. — The
penalty next lower in degree than prescribed by law for the frustrated felony
shall be imposed upon the accomplices in the commission of a frustrated
felony.
Art. 55. Penalty to be imposed upon accessories of a frustrated   crime. —
The penalty lower by two degrees than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the commission of
a frustrated felony.
Art. 56. Penalty to be imposed upon 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.
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 be imposed upon the accessories to the attempt to
commit a felony.55
Application of Arts. 50 to 57
Consummated Frustrated Attempted
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
Where n = degrees to which penalty must be lowered; and
0 = penalty prescribed by law in defining a crime, which is to be imposed on
the principal in a consummated offense.
Bases for the reduction of penalty
Articles 50, 51, 52, and 53 – invariably the penalty prescribed by law for the
consummated crime
Articles 54 and 55 – the penalty prescribed by law for the frustrated felony
Articles 56 and 57 – the penalty for the attempted felony
★ The basis used is that already prescribed, not as already reduced.
★ Under Art. 51, the penalty for an attempted crime is that for the
consummated felony, reduced by two degrees, not the penalty for frustrated
felony reduces by one degree.
Exceptions to the rules established from Arts. 50 to 57: Arts. 50 to 57
shall not apply to cases where the law extremely prescribes the penalty for a
frustrated or attempted felony, or to be imposed upon accomplices or
accessories.
Bases for the determination of the extent of penalty to be imposed
under the Revised Penal Code
1. The stage reached by the crime in its development (either attempted,
frustrated, or consummated).
2. The participations therein of the persons liable.
3. The aggravating or mitigating circumstances which attended the
commission of the crime.
Degree (in relation to penalty)
 One entire penalty, one whole penalty or one unit of the penalties
enumerated in the graduated scales provided for in Art. 71.
 When there is mitigating or aggravating circumstance, the penalty is
lowered or increased by period only, except when the penalty is
divisible and there are two or more mitigating and without
aggravating circumstances, in which case the penalty is lowered b
degree.
Period of penalty
 One of the three equal portions, called minimum, medium, and
maximum, of a divisible penalty.
★ A period of a divisible penalty, when described by the Code as a penalty
for a felony, is in itself a degree.
Art. 58. Additional penalty to be imposed upon certain  accessories. — Those
accessories falling within the terms of paragraphs 3 of Article 19 of this Code
who should act with abuse of their public functions, shall suffer the additional
penalty of absolute perpetual disqualification if the principal offender shall be
guilty of a grave felony, and that of absolute temporary disqualification if he
shall be guilty of a less grave felony.
Additional penalties for public officers who are guilty as accessories
under paragraph 3 of Article 19.
Public officers who help the author of a crime by misusing their office and
duties shall suffer the additional penalties of:
1. Absolute perpetual disqualification, if the principal offender is guilty of
a grave felony.
2. Absolute temporary disqualification if the disqualification if the
principal is guilty of a less grave felony.
★ This article applies only to public officers who abused their public
functions.
Art. 59. Penalty to be imposed in case of failure to commit the crime
because the means employed or the aims 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
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 mayor or a fine from
200 to 500 pesos.
★ Penalty for impossible crime is arresto mayor or a fine ranging from 200
to 500 pesos.
Bases for imposition of proper penalty
1. Social danger
2. Degree of criminality shown by the offender
★ The provision of Art. 59 is limited to those cases where the act performed
would be grave felonies or less grave felonies.
Art. 60. Exception to the rules established in Articles 50 to 57. — The
provisions contained in 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 attempted felony, or to be imposed upon
accomplices or accessories.
★ Arts. 50 to 57 do not apply when the law expressly prescribes the penalty
for a frustrated or attempted felony or to be imposed upon accomplices or
accessories.
Two cases when an accomplice is punished as principal
1. The ascendants, guardians, curators, teachers and any person who
by abuse of authority or confidential relationship shall cooperate as
accomplices in the crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction.
2. One who furnished the place for perpetration of the crime of slight
illegal detention.
3. When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum period of another divisible
penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the
maximum periods of the proper divisible penalty and the maximum
period of that immediately following in said respective graduated
scale.
4. when the penalty prescribed for the crime is composed of several
periods, corresponding to different divisible penalties, the penalty
next lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following,
which shall be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in the above
mentioned respective graduated scale.

★ Knowingly concealing certain evil practices is ordinarily an act of the
accessory, but in Art. 142, such act is punished as the act of the principal.
★ Certain accessories are punished with a penalty one degree lower, instead
of two degrees, such as in the following:
5. When the law prescribes a penalty for a crime in some manner not
especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and accessories.

1. Knowingly using counterfeited seal or forged signature or stamp of

the President. (Art. 162)
2. Illegal possession and use of a false treasury or bank note. (Art.
168)Using a falsified document. (Art. 173, par. 3)
3. Using a falsified dispatch. (Art. 173, par. 2)

Art. 61. Rules for graduating penalties. — For the purpose of graduating the
penalties which, according to the provisions of Articles 50 to 57, inclusive, of
this Code, are to be imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or accessories, the
following rules shall be observed:

1. When the penalty prescribed for the felony is single and

indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two

indivisible penalties, or of one or more divisible penalties to be
impose to their full extent, the penalty next lower in degree shall be
that immediately following the lesser of the penalties prescribed in
the respective graduated scale.
 TABULATION OF THE PROVISIONS OF THE CHAPTER toreclusi toprision correccional  medium
on mayorin its in its periods
temporal medium medium
Penalty Penalty to Penalty to Penalty to Penalty in its period. period.
Prescrib be imposed be imposed be to be medium
e for the upon the upon the imposed imposed period.
crime principal in principal in upon the upon the
a frustrated an accessory accessor
crime, and attempted in a y in an Section Two. — Rules for the application of penalties with regard to
accomplice crime, the frustrated attempte the mitigating and aggravating circumstances, and habitual
in a accessory crime, and d crime delinquency.
consumma in the the
ted crime consumma accomplic
ted crime es in an
Art. 62. Effect of the attendance of mitigating or aggravating circumstances
and the attempted
and of habitual delinquency. — Mitigating or aggravating circumstances and
accomplice crime
habitual delinquency shall be taken into account for the purpose of
s in a
diminishing or increasing the penalty in conformity with the following rules:
frustrated
1. Aggravating circumstances which in themselves constitute a crime
crime.
specially punishable by law or which are included by the law in
First Death Reclusion Reclusion Prision Prision defining a crime and prescribing the penalty therefor shall not be
Case Perpetua Temporal Mayor Correccio taken into account for the purpose of increasing the penalty.
nal
Secon Reclusio Reclusion Prision Prision Arresto 2. The same rule shall apply with respect to any aggravating
d n Temporal Mayor Correccion Mayor circumstance inherent in the crime to such a degree that it must of
Case Perpetu al necessity accompany the commission thereof.
ato
Death 3. Aggravating or mitigating circumstances which arise from the
moral attributes of the offender, or from his private relations with the
Third Reclusio Prision Prision Arresto Fine offended party, or from any other personal cause, shall only serve to
Case n Mayorin its correccional  Mayorin it andArrest aggravate or mitigate the liability of the principals, accomplices and
Tempora maximum in its s o accessories as to whom such circumstances are attendant.
lin its period maximum maximum Mayor in
maximu toreclusion period period its
m period temporal in toprision toprision minimum 4. The circumstances which consist in the material execution of the
to death its medium mayorin its correccion and act, or in the means employed to accomplish it, shall serve to
period medium alin its medium aggravate or mitigate the liability of those persons only who had
period medium periods knowledge of them at the time of the execution of the act or their
period cooperation therein.

Fourt Prision Prision Arresto Fine Fine. 5. Habitual delinquency shall have the following effects: 
h Mayor in correccional  mayorin its andArresto  
Case its in its maximum Mayorin its
maximu maximum period minimum
(a) Upon a third conviction the culprit shall be sentenced to
m period period toprision and
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.
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.
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.
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.

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.