RPC Article 61 (4)

and (5)
EXAMPLES FROM REYES COMMENTARY ON BOOK I
SOURCE: THE REVISED PENAL CODE BY LUIS B. REYES, BOOK ONE
Fourth Rule
When the penalty is composed of several periods
C F A
Illustration: P 0 1 2

1. Maximum Acco 1 2 3

Reclusion temporal 2. Medium Acce 2 3 4

3. Minimum
1. Maximum Penalty for principal of
Prision mayor 2. Medium consummated felony
3. Minimum
1. Maximum Penalty for accomplice
Prision correcional 2. Medium of consummated felony
3. Minimum or principal of frustrated
felony
Fifth
When the penalty has two periods
C F A

Illustration: P 0 1 2
Acco 1 2 3
Abduction (Art. 343): prision correcional
Acce 2 3 4
in its minimum and medium periods.
1. Maximum
Prision correcional 2. Medium
Penalty prescribed
3. Minimum
1. Maximum
Arresto mayor 2. Medium Penalty next lower
3. Minimum
Fifth
When the penalty has one period
C F A
If the penalty is any one of the three
P 0 1 2
periods of a divisible penalty, the next
Acco 1 2 3
lower in degree shall be that period next
Acce 2 3 4
following the given penalty.
• The penalty immediately inferior to prision mayor in its
maximum period is prsion mayor in its medium period.
(People v. Co Pao)
• The penalty next lower than reclusion temporal in its medium
period is reclusion temporal in its minimum period. (People v.
Gayrama)
Simplified Rules
For paragraphs 4 and 5
1. If the penalty prescribed consists in three periods,
corresponding to different divisible penalties, the next
penalty lower in degree is the penalty consisting in the
three periods down the scale.
2. If the penalty prescribed consists in two periods, the penalty
next lower in degree is the penalty consisting in two periods
down the scale.
3. If the penalty consists in only one period, the penalty next
lower in degree is the next period down the scale.
RPC Article 70
EXAMPLES FROM CLASS (DEC. 17, 2020)
CRIMINAL LAW 1 (LAW 109)
LECTURE BY PROF. SOLIS
Accused was convicted of the ff. crimes and is now in prison and required
to serve the sentences of conviction.
1. Theft: 3 years
2. Robbery: 7 years
3. Homicide: 11 years
4. Rape: 12 years
5. Estafa: 6 years
You are now the director of prisons and you will have to apply these
penalties on the accused. Which of these penalties will he serve first?
The most severe penalty. Rape, 12 years. Then homicide (11 years), then
robbery (7 years), then estafa (6 years), then theft (3 years).
12*3 = 36; total sentence = 39 years
According to Art. 70, though the total sentence is 39 years, he should not
be made to serve a penalty exceeding three times the most severe, or
three times 12 or 36 years. Further, he cannot be incarcerated for more
than 40 years.
He must be released after 36 years in prison.
Accused was convicted of the ff. crimes and is now in prison and required to serve
the sentences of conviction.
1. Theft: 3 years
2. Robbery: 7 years
3. Homicide: 11 years
4. Rape: 13 years and 6 months
5. Estafa: 6 years
6. Rebellion: 10 years
You are now the director of prisons and you will have to apply these penalties on
the accused. Which of these penalties will he serve first?
The most severe penalty. Rape, 13 years and 6 months. Then homicide (11 years),
then rebellion (10 years) then robbery (7 years), then estafa (6 years), then theft (3
years).
13y6m * 3 = 40y6m ; total sentence = 50 years and 6 months
According to Art. 70, though the total sentence is 50y6m, he should not be made to
serve a penalty exceeding three times the most severe, or three times 13y6m or
40y6m. Further, he cannot be incarcerated for more than 40 years.
He must be released after 40 years in prison.