PENALTIES

With
practical
exercises. III.
Art 21 - Art 88, RPC 5 Steps to follow to determine
MDJ notes on RPC Penlaties - Ver 1.

II.
the exact penalty to be imposed

(Art 46-77, RPC)

1 Crime committed

I.
Application
Stage of execution &
2 Degree of participation
(Art 21-45, RPC)
Mitigating
Effects Aggravating 3 Determine the penalty
Habitual
As to its nature Delinquency 4 Modifying circumstances

Attached Execution &

5 Is ISLAW applicable?
Accessory Service
Q
1991

BAR

Detailed summary of Penalties in RPC

Penalties - Table 1

(Art 9, RPC) Review this table while reading the

codal for better undertstanding
Duration of
Principal Penalties
penalties
(Art 9, RPC) Indivisible Penalty (Art 28, RPC)
Capital
punishment: Death (Suspended) PERIODS

Reclusion Perpetua [RP] 20 yrs & 1day to 40yrs [RP] Indivisible penalty - No min/med/max

Divisible Penalties Min. Medium Max.

Grave
Felonies
From 12 yrs & 1 day From 14 yrs, 8 mns & From 17yrs, 4 mns &
Afflictive >Reclusion Temporal [RT] 12 yrs & 1day to 20yrs [RT] to 14 yrs & 8mns 1 day to 17 yrs & 4 1day to 20yrs
Penalties: Absolute disqualification mns.
Perpetual or temporary
Special disqualification
Perpetual or temporary

From 8 yrs & 1 day From 10yrs & 1 day

>Prison Mayor [PM] 6 yrs & 1day to 12yrs [PM] From 6 yrs & 1 day
to 10yrs to 12 yrs
to 8 yrs

From 6mns & 1 day From 2 yrs, 4mns & 1 day From 4yrs, 2mns & 1
>Prision correccional [PC] 6 mn & 1day to 6 yrs [PC] to 2 yrs and 4 mns. to 4 yrs & 2mns
day to 6yrs
Less grave Correctional >Arresto mayor [AMA] 1 mn & 1day to 6 mn
From 1mns From 2 mns & 1 day From 4 mns & 1 day
felonies Penalties Suspension [AMA]
to 2mns to 4 mns to 6 mns
Destierro

Light Light >Arresto Menor [AME] 1 day to 30days [AME] 1 to 10 days 11 to 20 days 21 to 30days
Public censure
Felonies penalties:

Common to Fine
all penalties: Bond to keep peace

Accessory Penalties Absolute disqualification Civil Interdiction

Perpetual or temporary Indemnification
Special disqualification Payment of cost
Perpetual or temporary Forfeiture or confiscation

Pg. 1
I. Effects Preventive Imprisonment

(Art 29, RPC) Deduction of period of imprisonment

Computation of penalties
(Art 28, RPC)
If the offender shall be in prison, the term of the duration
of the temporary penalties shall be computed from the
day on which the judgment of conviction shall have
become final.
If the offender be not in prison, the term of the duration
of the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of
the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant
commences to serve his sentence.
Computation starts when:
Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment
if the detention prisoner agrees voluntarily in writing to abide
by the same disciplinary rules imposed upon convicted
prisoners, except in the following cases:
1. When they are recidivists, or have been convicted
previously twice or more times of any crime; and
2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
Detained Period of Service of
period Imprisonment sentence

In Prison: Detainee: If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall
Upon Final The day that the offender is be credited in the service of his sentence with four-fifths of
Judgment placed at the disposal of the the time during which he has undergone preventive
judicial authorities for the imprisonment
enforcement of the penalty
4/5
Period of Service of
Detained
Imprisonment sentence
4 types of MULTIPLE offenders in RPC period
Habitual delinquency (HB) Recidivist
(Art 62, RPC) (Art 14, (9) RPC)
Whenever an accused has undergone preventive
Habitual delinquent - A person, if within a A recidivist is one who, at the time of his imprisonment for a period equal to or more than the possible
period of 10 years from the date of his trial for one crime, shall have been maximum imprisonment of the offense charged to which he
release or last conviction of the crimes of previously convicted by final judgment of
serious or less serious physical another crime embraced in the same title
may be sentenced and his case is not yet terminated, he shall
injuries, robo (robbery/theft), hurto of this Code. be released immediately without prejudice to the
estafa or falsification, he is found guilty
of any of said crimes a 3rd time or
continuation of the trial thereof or the proceeding on appeal,
oftener. if the same is under review. In case the maximum penalty to
which the accused may be sentenced is destierro, he shall be
Reiteracion Quasi-recidivist released after thirty (30) days of preventive imprisonment.
(Art 14, (10) RPC) (Art 160, RPC)

That the offender has been previously
punished for an offense to which the law
attaches an equal or greater penalty or
for two or more crimes to which it
attaches a lighter penalty.
Is Any person who shall commit a felony
after having been convicted by final
RULES:
judgment, before beginning to serve
such sentence, or while serving the same, Good conduct allowances are applicable to preventive imprisonment
shall be punished by the maximum The right to deduction is not absolute as the 2 given exception above
period of the penalty prescribed by law
Applicable also to Diesterro
for the new felony.

Take away:
A habitual delinquent may previously have been RECIDIVIST.
Robbery and theft is found in same title.
Example, X was convicted of theft in 2015. In 2020, he was convicted of robbery.
Thus, his conviction of robbery will now be aggravated by his previous conviction
of Theft found in the same title of RPC. It i will be imposed in max period. Lastly,
within 10 years, after his last conviction from robbery, he had a fight in the jail,
making him liable for serious physical injuries. X is now HB.

Pg. 2
 Accessory Penalties Absolute disqualification Civil Interdiction

I.
Perpetual or temporary Indemnification

Effects
Special disqualification Payment of cost
Perpetual or temporary Forfeiture or confiscation

Accessories to the Principal Penalty

Civil Interdiction
Effects of the penalties according to their respective nature (Art 34, RPC)

Civil interdiction shall deprive the offender during the time of

Absolute disqualification
(Art 30, RPC)
1. The deprivation of the
public offices and
employments which the
offender may have held even
if conferred by popular
election.
2. The deprivation of the right
to vote in any election for any
popular elective office or to be
elected to such office.
Special disqualification
(Art 31, RPC)
The penalties of perpetual
or temporary special
disqualification for public
office, profession or calling
shall produce the following
effects:
1. The deprivation of
the office, employment,
profession or calling
his sentence of:
the rights of parental authority, or guardianship, either as
to the person or property of any ward,
of marital authority,
of the right to manage his property and of the right to
dispose of such property by any act or any conveyance inter
vivos.
FINE
(Art 26, RPC) Amended by R.A 10951
Amended OLD
Afflictive penalty - Exceeds 1.2M - Exceeds
pesos (1,200,000) 6k php

3. The disqualification for the affected; Correctional penalty - 1.2M & below but -6k but not less
than 200 php
offices or public employments 2. The disqualification not less than 40k
and for the exercise of any of for holding similar
Light penalty
the rights mentioned. offices or employments - Less than 40,000 - Less than 200
In case of temporary either perpetually or
disqualification, such during the term of the Bond to keep peace
disqualification as is sentence, according to (Art 35, RPC)

comprised in paragraphs 2 the extent of such

and 3 of this article shall last
during the term of the
sentence.
4. The loss of all rights to
retirement pay or other
pensions for any office
formerly held.
disqualification.
It shall be the duty of any person sentenced to give bond
to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the
offense sought to be prevented, and that in case such
offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to
deposit such amount in the office of the clerk of the court
to guarantee said undertaking.

Special disqualification for the exercise of the right of
suffrage (Art 32, RPC)
Shall deprive the offender perpetually or during the term
of the sentence (temporary special disqualification),
according to the nature of said penalty, of the right to
vote in any popular election for any public office or to be
elected to such office. Moreover, the offender shall not
be permitted to hold any public office during the period
of his disqualification.
Payment of cost
(Art 37, RPC)
Costs shall include fees and indemnities in the course of the
judicial proceedings, whether they be fixed or unalterable
amounts previously determined by law or regulations in force,
or amounts not subject to schedule.
Confiscation and forfeiture of the proceeds or
instruments of the crime
(Art 45, RPC)

Every penalty imposed for the commission of a felony shall

carry with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated

and forfeited in favor of the Government, unless they be the
property of a third person not liable for the offense, but
those articles which are not subject of lawful commerce
shall be destroyed.

Pg. 3
I.
Principal and its inherent accessory penalty
Effects PRINCIPAL INHERENT ACCESSORY PENALTY

Pecuniary liabilities (ORDER OF PAYMENT) Indivisible Penalty

Perpetual absolute
(Art 38, RPC) >DEATH disqualification
And civil interdiction
Order of payment. during 30 years following
In case the property of the offender should not be sufficient for the date of sentence,
the payment of all his pecuniary liabilities, the same shall be met even pardoned, unless
in the following order: expressly stated in the
pardon.
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine. Civil interdiction for life
[RP] >Reclusion Perpetua or during the period of
4. The costs of the proceedings.
the sentence as the case
Divisible Penalties may be
Perpetual absolute
[RT] >Reclusion Temporal
disqualification, even
Subsidiary penalty pardoned, unless
expressly stated in the
(Art 39, RPC) pardon.
If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall
be subject to a subsidiary personal liability at the rate of one day Temporary absolute
[PM] >Prison Mayor
for each eight pesos, subject to the following rules: disqualification and that
of perpetual special
1. If the principal penalty imposed be prision correccional or disqualification from the
arresto and fine, he shall remain under confinement until his right of suffrage which
fine referred in the preceding paragraph is satisfied, but his the offender shall suffer
subsidiary imprisonment shall not exceed one-third of the even pardoned, unless
term of the sentence, and in no case shall it continue for expressly stated in the
more than one year, and no fraction or part of a day shall be pardon.
counted against the prisoner.
2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the Suspension:
culprit shall have been prosecuted for a grave or less grave
[PC] >Prision correccional from public office
felony, and shall not exceed fifteen days, if for a light felony. from the right to
follow a profession or
3. When the principal penalty imposed is higher than prision
calling
correccional no subsidiary imprisonment shall be imposed
upon the culprit.
perpetual special
4. If the principal penalty imposed is not to be executed by
disqualification from the
confinement in a penal institution, but such penalty is of
right of suffrage, if the
fixed duration, the convict, during the period of time
duration of said
established in the preceding rules, shall continue to suffer imprisonment shall 18
the same deprivation as those of which the principal penalty months
consists.
5. The subsidiary personal liability which the convict may
have suffered by reason of his insolvency shall not relieve
him from the fine in case his financial circumstances should [AMA] >Arresto mayor Suspension of the right to
improve. hold office
[AME] >Arresto Menor and the right of suffrage
during the term of the
sentence
RULES:
No payment (insolvent) = Imprisonment
Subsidiary imprisonment should not be higher than PC Applicable to all Confiscation and
Principal Penalties forfeiture of the proceeds
(Prision Correctional) or violation of special laws.
or instruments of the
Failure to pay must be expressly stated in the Judgement
crime

Pg. 4
II. Applications
(Art 63, RPC)
Rules of Indivisible Penalties

Imposition of death penalty

(Art 47, RPC) RULE 1:
Death penalty is suspended. In all cases in which the law prescribes a single indivisible penalty,
Accused below 18 yrs old or more than 70 yrs old is exempted the same penalty shall be applied regardless of any mitigating or
aggravating circumstances that may have attended the
Automatic reviw of Death penalty cases commission of the deed.
Simply put, ordinary mitigating or ordinary aggravating
circumstances does not apply to Indivisible penalties such as
Penalty for COMPLEX CRIMES Reclusion perpetua.
(Art 48, RPC) However, it will not include PRIVILEGED MITIGATING in Art. 68
& 69)
RULE: the penalty for the most serious crime shall be imposed, the
Privilege Mitigating Circumstances must be FIRST considered
same to be applied in its maximum period.
before the rules in Arts 63 & 64 are applied to determine the
proper penalty
Error in Personae and others SPM
(Art 49, RPC)
Penalty play of rules RULE 2:

In all cases in which the law prescribes a penalty composed of two

INTENDED: COMMITTED: Penalty: indivisible penalties (reclusion perpetual to Death)
The Lower NO LONGER OPERATIVE. Why? Death penalty is PROHIBITED
Lower Higher
penalty in its by RA 9346. Thus, there is only one indivisible penalty,
offense offense
max period Reclusion perpetua.
(Lower penalty) (Higher penalty)
Penalties where penalty impose is
Higher Lower The Lower not compose of 3 periods
offense offense penalty in its
(Higher penalty) (Lower penalty) max period (Art 65, RPC) In Re: (Art 76, RPC)

In cases in which the penalty prescribed by law is not composed of

NOT 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
Public officer's additional penalty (as an accessory)
(Art 58, RPC)
Those accessories falling within the terms of paragraph 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,
Absolute temporary disqualification if he shall be guilty
of a less grave felony.
Impossible crime penalty
(Art 59, RPC)
What has been punished?
"having in mind the social danger and the degree of criminality
shown by the offender"
Penalty:
arresto mayor or a fine from 200 (40k) to 500 (100k) pesos.
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.
The legal period of duration of divisible penalties shall be
considered as divided into three parts, forming three periods, the
minimum, the medium, and the maximum. (See Table 1 above)
Penalty not compose Divisible
of 3 periods penalties
(Art 65, RPC) (Art 76, RPC)
Imposition of Fines
(Art 65, RPC)
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.
MC and AC is considered here.
Thus, the court can fix any amount within the limits established by
law. But it must consider (1) the mitigating and aggravating
circumstances and (2) more particularly, the wealth and means of
the culprit.

Pg. 5
 III. Determination of the exact penalty to be imposed

Note that at this point the Judge is in the resolution stage of the 5 Steps to follow to determine
case. This means that the Trial is done and the accused will be
the exact penalty to be imposed
convicted and the judge must determine what is the EXACT PENALTY
to be imposed to the accused given the facts and circumstances
attending the merits of the case. 1 Crime committed

Now in order to determine the exact penalty this is the 5 step Stage of execution &
guidelines to determine the exact penalty of the accused. 2 Degree of participation

3 Determine the penalty

1 Crime committed
4 Modifying circumstances
Guide:
1. Check what is the crime committed and if there are several
crimes
5 Is ISLAW applicable?

Q
1991
2. Each crime will be treated as separate penalties except for
complex crimes, composite crimes, and compound crimes.
BAR
3. Get the impossable penalty and you will start there

From the imposable

penalty go to step 2

2
Stage of execution &
Degree of participation
3 Determine the penalty

(Art 50-57, RPC)

Next step is to consider circumstances attending
Stage of execution
Consummated Frustrated Attempted the crime. Go to step 4
Principal
0 1 2
Accomplice 1 2 3
Accessory 2 3 4
Formula:
1. Is the crime consummated, frustrated, or attempted?
2. What is the participation of the suspect? Principal, Accomplice,
or Accessory?
3. Match them and you will know how many degrees you shall
need to lower from the penalty prescribed by law in that offense.

(Art 60 RPC)
NOTE: This step 2 shall not apply when the law PRESCRIBED a
specifically a penalty for a frustrated or attempted felony.
Example:

Law punishes the accomplice as principals:

Art 346 - White slavery
Art 268 - Slight illegal detention "The same penalty
shall be incurred by anyone who shall furnish the
place for the perpetuation of the crime."

Accomplice is the same as principal penalty or of 1 degree

lower instead of 2 degrees lower :
Art 162 - Knowingly using forge signature of the
President
Art 168 -Illegal possession and use of false treasury
or bank notes and other instruments of credit.
Art 172 (3) - Using Falsified Document
Art 173 (2) - Using Falsified dispatch

Pg. 6
 4 Modifying
circumstances
Table for modifying circumstances
Degree
Penalties - Table 2

Divisible Penalties (PERIODS)

Indivisible Penalty (Art 64, RPC) Max
1 >Death (Suspended) [RT] Medium
PM Privilege Mitigating Min
2 [RP] >Reclusion Perpetua 20 yrs & 1day to 40yrs Max
SPM Special Privilege Mitigating
Divisible Penalties
[PM] Medium
Min
MC Mitigating Circumstances
3 [RT] >Reclusion Temporal 12 yrs & 1day to 20yrs Max
AC Aggravating Circumstances [PC] Medium
4 [PM] >Prison Mayor 6 yrs & 1day to 12yrs Min

When MC & AC are not Max

5 [PC] >Prision correccional 6 mn & 1day to 6 yrs [AMA] Medium
considered in imposing a penalty Min
6 [AMA] >Arresto mayor 1 mn & 1day to 6 mn Max
Penalty is Single and Indivisible (Art 63, RPC)
[AME] >Arresto Menor
[AME] Medium
7 1 day to 30days Min
Felonies that is through NEGLIGENCE

Penalty is Fine imposed by Ordinance and

Special Penal law
Attendance of circumstances
Penalties prescribed by SPECIAL PENAL
LAWS
PM Privilege Mitigating Art. 68 & 69
Except: when special laws uses
the nomenclature of penalties in Privilege Mitigating Circumstances must be FIRST considered before the rules
Step 1: in Arts 63 & 64 are applied to determine the proper penalty
RPC & expressly provides that MC
& AC are to be considered.
Step 2: Check if there is PM attending the crime. Here are the PMs:

Habitual delinquency (HB) Art 68 - Minority - Above 15 (15 yrs & 1 day) WITH DISCERNMENT
Provided, the child does not qualify for the
(Art 62, RPC)
diversion program under RA 9344
Habitual delinquent - A person, if within a
period of 10 years from the date of his release Art 69 - Incomplete Justifying circumstances & Exempting circumstances
or last conviction of the crimes of serious or
less serious physical injuries, robo "majority of such requisites must be present" - see index 1.2
(robbery), hurto (theft) estafa or Majority means 50% + 1. If there are 3 requisites required to justify the act or
falsification, he is found guilty of any of said exempt the accused. then a minimum of at least 2 requisites is required.
crimes a 3rd time or oftener. However, if there are only 2 requisites required, the presence of 1 requisite is
already a majority.
PENALTY: If only less than a majority, it will only be considered as an ORDINARY
All Habitual delinquent shall be sentenced mitigating circumstance.
to the penalty provided for the last crime of
which he be found guilty - AND- additional
penalty of:
For 3rd conviction - additional penalty of Step 3: Check if there is a SPM.
prision correccional in its medium and SPM Special Privilege Mitigating Apply SPM first. Note that in
maximum periods 3rd situation, there must no
For 4th conviction - additional penalty Only 3 situations: attending aggravating
of prision mayor in its minimum and 1. Error in Personae (Art. 49, RPC) Choose circumstance that is not part
medium periods the lower penalty and impose it at its of the felony. (Check Art 62,
For 5th conviction - additional penalty maximum. RPC in the INDEX 1.1 below)
of prision mayor in its maximum period 2. Over 70 years, wherein no death on how to consider
to reclusion temporal in its minimum penalty can be imposed or carried out aggravating circumstance.
period with the accused
All penalty (Crime committed + 3. 2 or more mitigating with no
additional penalty) shall in no case aggravating circumstance, which reduces
exceed 30 years the penalty by 1 degree. (Art. 64 (5))
HB can also not benefit from the
retroactive application of favorable Step 4:
penal law, with sole exception of death
penalty.
MC Mitigating Circumstances AC Aggravating Circumstances

Not part of the felony:

Apply Art 64 Apply Art 64
Pg. 7
 Penalties with 3 periods Divisible Penalties Penalties - Table 3

(Art 64, RPC) (Art 64, RPC) Max.

In cases in which the penalties prescribed by law contain [RT] Medium
three periods, whether it be a single divisible penalty or Min
composed of three different penalties, each one of which
forms a period in accordance with the provisions of articles Max. Max.
[PM]
76 and 77, the courts shall observe for the application of the
penalty the following rules, according to whether there are
Medium LOWER by
or are no mitigating or aggravating circumstances: Min PERIOD

RULE 1: Attendance of none or 1 ordinary MC/AC LOWER by

IMPOSE: Attendance:
DEGREE
Medium
NO MC MAX No mitigating but Max.
1 AC period with one or more
aggravating
[PC] Medium Min
circumstances, Min
impose the max
period
Max.

MC No mitigating or
[AMA] Medium
MED
NO AC period
aggravating Min
circumstances,
Max.
[AME]
impose the medium
period
Medium
Min
1 MC MIN
With ONLY ONE
mitigating which are
NO AC period not privilege
mitigating and no RULE 2: Attendance of 2 or more ordinary MC/AC
aggravating
circumstances,
impose the min
period MC SET OFF When there are mitigating
With AC RULE
and aggravating
circumstances, offset them

RULE 3: LOWER 1 DEGREE

Example: 1 MC
2
or more
MC Lower the Penalty by 1 2 AC
DEGREE! in proper
MAX
NO AC period.
1 AC IMPOSE:
period

NOTE: There must be no

"in proper period"
AC present. If there is AC When there are no
and 3 MC, and you set it more AC/MC left. Apply
off having 2 MC left. You Medium period 3 MC
can not apply Rule 3
anymore!
When there is AC/MC
left apply Rule 1 above. 2 AC
When there are 2 or
You can only apply MIN
Rule 3 only once. If
more AC/MC left after
lower the degree, apply
1 MC IMPOSE:
period
there are 4 MC you Rule 2.
can only lower by 1
degree not 2 degrees
RULE 4: COMPLEX CRIME (Art 64, RPC)

Even MC
PENALTY FOR MOST
With AC SERIOUS CRIME

Pg. 8
 5 Application of I.S. - LAW (Act No. 4103) ISLAW is Applicable to the ff: NOT applicable to the ff:
Indeterminate penalty RULE: Apply ISLAW mandatorily when Life imprisonment
imprisonment would exceed 1 YR. Death
MAIN PURPOSE OF ISLAW:
Reclusion Perpetua (by judicial
The Indeterminate sentence law provides for an
Applicable to RPC and SPECIAL laws pronouncement, it is imposed as a
"indeterminate sentence" which has a minimum and
Applicable to a recidivist (People v single indivisible penalty)
maximum term.
Jaranilla, 1974) Destierro
Convicted of treason, conspiracy, or
After the PRISONER has SERVED the MINIMUM term, ISLAW IS MANDATORY! Thus, the proposal to commit treason,
depending upon his conduct and behavior during judge must adhere to it. misprision of treason, rebellion,
service of sentence in jail, he may be released on
sedition or espionage, and piracy
PAROLE.
Habitual delinquents
Escapee, and evaded sentence
The law, therefore, encourages the prisoner to reform.
Violated conditional pardon
Once released on parole, provided the conditions are
Imprisonment does not exceed 1YR
not violated, he will no longer serve the remainder of
the sentence. ISLAW shortens the term of
imprisonment, depending on the prisoner's conduct and Penalties - Table 4

behavior. (Art 64, RPC) Divisible Penalties

More than 1YR
Max Min.
12 yrs & 1day to 20yrs [RT] Medium
LOWER by
Rules in RPC Min PERIOD

Max

From determination of 6 yrs & 1day to 12yrs [PM] Medium

Min Medium
PROPER IMPOSALE PENALTY
LOWER by
After you get the proper imposable penalty
pursuant to Art 64, RPC (after you apply
DEGREE
Max
modifying circumstances, if any, in step 4). Min penalty is Less than 1YR

GET THE MAX TERM Max

Step 1: MAX TERM: The court shall sentence the 6 mn & 1day to 6 yrs [PC] Medium
accused to an indeterminate sentence of the Min
maximum term that is the "properly imposed
Max
penalty after determination of attending
circumstances applying article 64, RPC".
1 mn & 1day to 6 mn [AMA] Medium
Min

1day to 30days [AME]

Max
Step 2: GET THE MIN. TERM Medium
MINIMUM TERM: The minimum term shall Min
be within the range of the "penalty next
lower to the properly imposed penalty after
determination of attending circumstances Rule on STRAIGHT PENALTY
applying article 64, RPC" Rule: The Judge or court has the DISCRETION to impose a straight penalty
when the MINIMUM penalty does not exceed 1YR.

Rules in SPECIAL LAWS On RPC On SPECIAL LAWS

EXAMPLE: The proper EXAMPLE: The imposable penalty is not

GET THE MAX TERM imposable penalty after less than 6 months but not more than 3
Max term shall not exceed the Maximum determining the attending yrs.
Step 1:
term FIXED by the Special law. circumstances under Art 64. is
The judge has a discretion now
Prison Correccional in its min
(OPTION) to choose whether to apply
period (From 6mns & 1 day to 2
GET THE MIN. TERM ISLAW or straight penalty.
yrs and 4 mns.) .
The minimum term shall not exceed the
Step 2: Minimum term FIXED by the Special law. If the Judge choose ISLAW:
Judge can apply Judge can apply
Important rule: The Judge or court has the DISCRETION to He can impose a max term of ISLAW, which is: straight penalty
impose a penalty within the said maximum and minimum 2 yrs & 4 months, & a min term 6 months as min of less than 1YR
term. of From 2 months & 1 day. and 3 yrs as Max. If he choose
(Next lower penalty) He can't apply 6 straight penalty,
months as min and he cannot apply
If the judge choose Straight 11 months as max. ISLAW anymore.
penalty: he can apply straight Penalties will become
penalty of lower than 1YR. below than 1 YR.

Pg. 9
 SUMMARY: 6 PROBATION

To be updated. In the next version of this notes. Thank

1 Crime committed you!

See prescribed penalty in RPC or SPECIAL LAW

Stage of execution &

2 Degree of participation

(Art 50-57, RPC)

Stage of execution
Consummated Frustrated Attempted
Principal
0 1 2
Accomplice 1 2 3
Accessory 2 3 4

3 Determine the penalty

Proper Prescribed Penalty

4 Modifying circumstances

PM Privilege Mitigating
Consider
attendance of SPM Special Privilege Mitigating
circumstances
MC Mitigating Circumstances

AC Aggravating Circumstances

Properly imposed penalty

5 Is ISLAW applicable?

NOT APPLICABLE APPLICABLE

Apply the
indivisible penalty Rules in RPC Rules in SPL
(life imprisonment,
MAX TERM: that is MAX TERM: shall
reclusion perpetua)
the "properly not exceed the
imposed penalty" Maximum term
OR provided by the FIXED by the
Apply straight RPC. Special law.
penalty of
less than 1YR MINIMUM TERM: MINIMUM TERM:
Range of the shall not exceed
"penalty next the Minimum
lower to the term FIXED by the
properly imposed Special law.
penalty".

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 Practical Exercises:
1.
Sammy Peke was convicted of a viplation of R.A. 123456 for seling fake books. The law prescribes the penalty of prision correccional, a divisible
penalty whose minimum period is six months and one day to two years and four months; medium period is two years, four months and one day
to fout years and two nonths and maximwn period is four years, two months and one day to six years.

At arraignment, Sammy Peke pleads guilty to the crime charged.

(a) Explain how the Indeterminate Sentence Law is applied in crimes punished by special laws?

(b) Supposing the trial judge imposes a straight penalty of imprisonment for one year, is the penalty correct in the context of the Indeterminate
Sentence Law? Explain your answer.

2.
An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable doubt of homicide and imposed on him a
straight penaly of SIX (6) YEARS and ONE (1) DAY of prision mayor. The public prosecutor objected to the sentence on the ground that the proper
penaty should have been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal. The defense counsel chimed in, contending that
application of the Indeterminate Sentence Law should lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE () DAY of prision
correccional only. Who of the three is on the right track? Explain.

3.
In a conviction for homicide, the trial court appreciated two (2) mitigating circumstances and one (1) aggravating circumstance. Homicide under
Article 249 of the Revised Penal Code is punishable by reclusion temporal, an imprisonment term of twelve (12) years and one (1) day to twenty
(20) years. Applying the Indeterminate Sentence Law, determine the appropriate penalty to be imposed. Explain.

See how you scored. DL the answers here:

https://docs.google.com/document/d/1863WePNzoa_r3SmrB4NsWZdtoqa5RgnqYfYTGSQaqm0/edit?usp=sharing

Pg. 11

1.1
AC Aggravating Circumstances
(Art 62, RPC)
As part of the felony:
Constitute a crime, such as "by means
of fire" which is a crime of Arson itself
Those included in the law defining a
crime and prescribing a penalty, such
as laying of hands upon a person in
authority which is already included in
defining the crime of direct assault
WHY: They are already considered by the
law in prescribing the penalty
or those already inherit in the crime,
such as dwelling in trespass to
dwelling
WHY: The circumstances is already
absorbed by the crime committed.
Advantage was taken by the offender
of his public position - maximum
regardless of mitigating
circumstances. Thus, Art 64 will not
apply to him.
organized/syndicated crime group -
maximum penalty
An organized/syndicated crime
group means a group of two or
more persons collaborating,
confederating or mutually helping
one another for purposes of gain
in the commission of any crime.
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INDEX
1.2
Incomplete Justifying & Exempting
In self-defense:
UNLAWFUL AGGRESSION must be
PRESENT. Otherwise, there is no
complete nor incomplete justifying
circumstances
Avoidance of Greater Evil:
The first requisite which is the "actual
existence of evil sought to be
avoided" must always be present.
Otherwise, there is no complete nor
incomplete justifying circumstances
Accident:
If requisites of due care and without
fault in causing injury are absent Art
67 applies.
Art 67, RPC - When all the
conditions required in
circumstance number 4 of article
12 of this Code to exempt from
criminal liability are not present,
the penalty of arresto mayor in its
maximum period to prision
correccional in its minimum
period shall be imposed upon the
culprit if he shall have been guilty
of a grave felony, and arresto
mayor in its minimum and
medium periods, if of a less grave
felony.
 MDJ's Note on Penalties (RPC)
- END -

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