RPC Title 3 - Penalties

TITLE THREE
Characteristics
Classification
Duration
Effects
Application
Execution
Service
Prepared by: Prof. Jadraque
Chapter One
PENALTIES IN GENERAL
What is penalty?
 PENALTY is the suffering that is inflicted by the State for
the transgression of a law.
 → signifies pain
 Different juridical conditions of penalty:
 1. must be productive of suffering, without however affecting
the integrity of the human personality
 2. must be commensurate with the offense
 3. must be personal – no one should be punished for the
crime of another
 4. must be legal – as a consequence of judgment
 5. must be certain – no one escapes its effects
 6. must be equal for all
 7. must be correctional.
 → to secure justice – purpose of the State in punishing
crimes
 THEORIES JUSTIFYING PENALTY

 1. Prevention – to prevent or suppress the danger to the
State arising from the criminal acts of the offender.
 2. Self- defense – to punish the criminal as a measure of
self-defense; to protect the society from the threat and
wrong inflicted by the criminal
 3. Reformation – to correct and reform the offender
 4. Exemplarity – the serve as an example to deter others
 5. Justice – as an act of retribution
Three – Fold Purpose of Penalty:
 1) Retribution or expiation – the penalty is
commensurate with the gravity of the offense.
 2) Correction or reformation – as shown by the rules
which regulate the execution of the penalties
consisting in deprivation of liberty
 3) Social Justice – shown by its inflexibility severity to
recidivists and habitual delinquents.

When shall a penalty be imposed?
 Article 21. No felony shall be punishable by any
penalty not prescribed by law prior to its commission.
 → no person shall be subject to criminal prosecution

for any act or his until after the State had defined the
crime and has fixed a penalty therefor. (U.S. v. Parrone,
24 Phil 29)

When shall penal laws be given retroactive
application?
 Article 22. Retroactive effect of penal laws. - Penal Laws
shall have a retroactive effect insofar as they favor the
persons guilty of a felony, who is not a habitual criminal, as
this term is defined in Rule 5 of Article 62 of this Code,
although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving
the same.
 → Shall be applicable even when accused is already serving
sentence
 EXCEPT when accused is a habitual criminal or the new
law provides otherwise
 → Art. 22 not applicable to the provisions of the RPC-
special penal laws.
Effects of repeal of penal laws:
 1. If total repeal, the old law cease to exist, hence:
 A. If still pending trial – dismissed the case
 B. If already serving sentence – convict will be
discharged
 2. Criminal liability subsists, when:
 A. the provisions of the former law are reenacted
 B. repeal is by implication only
 C. there is saving clause → “xxx that the provisions of
this law does not apply to pending causes of action xxx”

No retroactive effect of penal laws as
regards jurisdiction of court.
 → The jurisdiction of a court to try a criminal action is

to be determined by the law in force at the time of
instituting the action, not at the time of the
commission of the crime. (People v. Romualdo, 90 Phil
739)

What penalty may be imposed for the
commission of a felony?
 → Only that penalty prescribed by law prior to the
commission of the felony may be imposed (Art. 21)
 → Felonies are punishable under the laws in force at

the time of their commission (Art. 366)
 → But the penalty prescribed by a law enacted after

the commission of the felony may be imposed, if it is
favorable to the offender (Art. 22)
What is the effect of pardon granted by
an offended party?
 Article 23. A pardon of the offended party does not
extinguish criminal action except as provided in
Article 344 of this Code; but civil liability with regard
to the interest of the injured party is extinguished by
his express waiver.
 → bar to prosecution; not a mode of extinction of
criminal liability
 →Art. 344. Prosecution of crimes of adultery,
concubinage, seduction, abduction & acts of
lasciviousness
 As a rule, a pardon by the offended party does not
extinguished criminal action.
 The fiscal can still prosecute the offender; such pardon
by the offended party is not even a ground for the
dismissal of the complaint or information.
 → A crime committed is an offense against the State.
In criminal cases, the intervention of the aggrieved
parties is limited to being witnesses for the
prosecution (People v. Despavellador)
 →Only the Chief Executive can pardon the offenders
What does “except as provided in Art.
344 of this Code means?”
 The offended party in the crimes of adultery and
concubinage cannot institute criminal prosecution, if
he shall have consented or pardoned the offenders
(Art. 344, par 2)
 The pardon here may be implied, as continued
inaction of the offended party after learning of the
offense.
 Par. 2 of Art. 344 requires also that both offenders
must be pardoned by the offended party (People v.
Infante, 57 Phil 138)
 In the crimes of seduction, abduction or acts of
lasciviousness, there shall be no criminal prosecution
if the offender has been expressly pardoned by the
offended party or her parents, grandparents, or
guardian, as the case may be. The pardon here must be
express.
 →Must be made before the institution of the criminal
prosecution.
 EXCEPT marriage between the offender and the
offended party.

Preventive measures only:
 Article 24. Measures of prevention or safety which are
not considered penalties. - The following shall not be
considered as penalties:
 1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
 2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for the
purposes specified therein.
 3. Suspension from the employment of public office
during the trial or in order to institute proceedings.
 4. Fines and other corrective measures which, in the
exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
 5. Deprivation of rights and the reparations which the
civil laws may establish in penal form.
 → because they are not imposed as a result of judicial

proceedings
Chapter Two
CLASSIFICATION OF PENALTIES
What are the penalties which can be
imposed?
 Article 25. The penalties which may be imposed according to
this Code, and their different classes, are those included in the
following:
Scale
Principal Penalties
 Capital punishment:
 Death
 Afflictive penalties:
 Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
 Correctional penalties:
 Prision correccional,
Arresto mayor,
Suspension,
Destierro.
 Light penalties:
 Arresto menor,
Public censure.
 Penalties common to the three preceding classes:
 Fine, and
Bond to keep the peace.
Accessory Penalties
 Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote
and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.
 → these are exclusive
Not proper to impose:
 → a sentence of “five years in Bilibid”

 →penalty of hard labor in addition to imprisonment
 → penalty of life imprisonment or cadena perpetua
 →penalty of 1000 whips
 →penalty of stoning or to be bitten by ants
 → penalty of hanging

Further classification:
 According to their divisibility:
 1. Divisible – are penalties that have fixed duration and

are divisible into three periods – maximum, medium,
minimum → reclusion temporal, prision mayor,
prision correccional, arresto mayor, arresto menor
 2. Indivisible – are those which have no fixed duration
 Such as death, reclusion perpetua, perpetual absolute or
special disqualification, public censure
 According to subject matter:
 1. Corporal (death)
 2. Deprivation of freedom (reclusion, prision, arresto)
 3. Restriction of freedom (destierro)
 4. Deprivation of rights (disqualification and
suspension)
 5. Pecuniary (fine)

 According to their gravity:
 1. Capital
 2. Afflictive
 3. Correctional
 4. Light

How is the penalty of fine
classified?
 Article 26. A fine, whether imposed as a single or as an
alternative penalty, shall be considered an afflictive
penalty, if it exceeds 1.2M pesos; a correctional penalty,
if it does not exceed 1.2M pesos but is not less than
40,000 pesos; and a light penalty if it be less than
40,000 pesos.

 How imposed?
 A. As an alternative penalty:
 In Art. 144, punishing disturbance of proceedings, the
penalty is arresto mayor or a fine ranging from P200 to
P1,000.
 B. As a single penalty:
 Fine of P200 to P6000.

What do we mean by penalties cannot be
imposed in the alternative?
 The Court of First Instance of Quezon found
Alejandro Mercadejas guilty of violation of RA No. 145
and sentenced him to pay a fine of P1,000 or to suffer
an imprisonment of two years, and to pay the costs.
 Held:
 The law does not permit any court to impose a
sentence in the alternative, its duty being to indicate
the penalty imposed definitely and positively (People
v. Mercadejas)
 Art. 9 v. Art. 26
 Fine exactly P40,000
 → as to classification of felony – Light (Art. 9)

 →as to classification of penalty – Correctional (Art.
26)

Chapter Three
DURATION AND EFFECTS OF PENALTIES

Section One. – Duration of Penalties
 Article 27. Reclusion perpetua. - The penalty of
reclusion perpetua shall be from twenty years and
one day to forty years. (20 yrs and 1 day to 40 years)
 Reclusion temporal. - The penalty of reclusion

temporal shall be from twelve years and one day to
twenty years. (12 years and 1 day to 20 years)

 Prision mayor and temporary disqualification. - The
duration of the penalties of prision mayor and
temporary disqualification shall be from six years and
one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in
which case its duration shall be that of the principal
penalty. (6 years and 1 day to 12 years)

 Prision correccional, suspension, and destierro. - The
duration of the penalties of prision correccional,
suspension and destierro shall be from six months
and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
(6 months and 1 day to 6 years)

 Arresto mayor. - The duration of the penalty of arresto
mayor shall be from one month and one day to six
months. (1 month and 1 day to 6 months)
 Arresto menor. - The duration of the penalty of arresto

menor shall be from one day to thirty days. (1 day to 30
days).
 Bond to keep the peace. - The bond to keep the peace shall
be required to cover such period of time as the court may
determine.
 → is not specifically provided as a penalty for any felony and
therefore cannot be imposed by the court.
Rules in computing penalties:
 Article 28. 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.
Recap:
 1. When the offender is in prison – the duration of
temporary penalties is from the day on which the
judgment of conviction becomes final.
 2. When the offender is not in prison – the duration of
penalty consisting in deprivation of liberty, is from the
day that the offender is placed at the disposal of
judicial authorities for the enforcement of the penalty.
 3. The duration of other penalties – the duration is
from the day on which the offender commences to
serve his sentence.
RA 10592
 Article 29. Period of preventive imprisonment deducted from
term of imprisonment. - 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 after being informed of the effects thereof and with the
assistance of counsel 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.
 If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance
of a counsel and shall be credited in the service of his
sentence with four-fifths of the time during which
he has undergone preventive imprisonment.
 Credit for preventive imprisonment for the penalty of
reclusion perpetua shall be deducted from thirty (30)
years.
 Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is
under review. Computation of preventive
imprisonment for purposes of immediate release
under this paragraph shall be actual period of
detention with good conduct time allowance.
 Provided, however, That if the accused is absent
without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the
accused. Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this
act. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive
imprisonment.
When is there preventive imprisonment?
 The accused undergoes preventive imprisonment

when the offense charged is nonbailable, or even if
bailable, he cannot furnish the required bail.

Application:
 A was accused of homicide punishable by reclusion
temporal. Because he could not put a bail of P60,000, A
was detained pending his trial which lasted for two years. If
after trial, A was found guilty and sentenced to an
indeterminate penalty of from 6 years and 1 day to 12 years
and 1 day, the full period of A’s preventive imprisonment of
2 years shall be deducted from 12 years and 1 day, if he
agreed voluntarily in writing before or during the time of
his temporary detention to abide by the same disciplinary
rules imposed upon convicted prisoners. But if A did not
agree to abide by the same disciplinary rules imposed upon
convicted prisoners, only 4/5 of the 2 years during which
he has undergone preventive imprisonment will be
deducted from 12 years and 1 day.
Compare:
 A was accused of a violation of Art. 143 of the RPC. The
penalty provided for in that Art. is prision correccional or a
fine from P200 to P2,000 or both. During the pendency of
his trial, A was detained for ten days. Having been found
guilty, A was sentenced to pay a fine of P2,000. Can A
successfully claim that his fine should be reduced because
of his preventive imprisonment for ten days?
 NO, because his sentence does not consist in deprivation of
liberty.
 → destierro constitutes deprivation of liberty--credited
with the time during which he has undergone preventive
imprisonment.
Section Two. - Effects of the penalties according to their
respective nature
 Article 30. Effects of the penalties of perpetual or

temporary absolute disqualification. - The penalties
of perpetual or temporary absolute disqualification for
public office shall produce the following effects:
 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 office or to be elected to such office.

 3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned.
 In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3 of
this article shall last during the term of the sentence.
 4. The loss of all rights to retirement pay or other
pension for any office formerly held.

 Article 31. Effect of the penalties of perpetual or
temporary special disqualification. - The penalties
of perpetual or temporal special disqualification for
public office, profession or calling shall produce the
following effects:
 1. The deprivation of the office, employment,
profession or calling affected;
 2. The disqualification for holding similar offices or
employments either perpetually or during the term of
the sentence according to the extent of such
disqualification.
 Article 32. Effect of the penalties of perpetual or
temporary special disqualification for the exercise
of the right of suffrage. - The perpetual or temporary
special disqualification for the exercise of the right of
suffrage shall deprive the offender perpetually or
during the term of the sentence, 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.
 Article 33. Effects of the penalties of suspension from
any public office, profession or calling, or the right of
suffrage. - The suspension from public office,
profession or calling, and the exercise of the right of
suffrage shall disqualify the offender from holding
such office or exercising such profession or calling or
right of suffrage during the term of the sentence.
 The person suspended from holding public office shall
not hold another having similar functions during the
period of his suspension.
What is the penalty of Civil Interdiction?
 Article 34. Civil interdiction shall deprive the offender
during the time of 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.
 → yes, if mortis causa or through testamentary

disposition
 Article 35. Effects of bond to keep the peace. - 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 the judgment, or otherwise to deposit
such amount in the office of the clerk of the court to guarantee
said undertaking.
 The court shall determine, according to its discretion, the period
of duration of the bond.
 Should the person sentenced fail to give the bond as required he
shall be detained for a period which shall in no case exceed six
months, is he shall have been prosecuted for a grave or less grave
felony, and shall not exceed thirty days, if for a light felony.
What is pardon?
 Article 36. A pardon shall not work the restoration of
the right to hold public office, or the right of suffrage,
unless such rights be expressly restored by the terms of
the pardon.
 A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by
the sentence.
 → compare with amnesty

Effects of pardon by the President:
 1. A pardon shall not restore the right to hold public
office or the right of suffrage.
 Exception: When any or both such rights is or are
expressly restored by the terms of the pardon.
 2. It shall not exempt the culprit from the payment of
the civil indemnity. The pardon cannot make an
exception to this rule.
 → Pardon granted in general terms does not include

accessory penalty
Limitations upon the exercise of the pardoning
power:
 1. That the power can be exercised only after
conviction.
 2. That such power does not extend to cases of
impeachment. (Cristobal v. Labrador, 71 Phil 34)

Pardon by the Chief Executive distinguished from
pardon by the offended party:
 1. Pardon by the Chief Executive extinguishes the criminal
liability of the offender; such is not the case when the
pardon is given by the offended party.
 2.Pardon by the Chief Executive cannot include civil
liability which the offender must pay; but the offended
party can waive the civil liability which the offender must
pay.
 3. In cases where the law allows pardon by the offended
party (Art. 344), the pardon should be given before the
institution of criminal prosecution and must be extended
to both offenders; whereas pardon by the Chief Executive is
granted only after conviction and may be extended to any
of the offenders.
 Article 37. Cost; What are included. - 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.

Application:
 Costs which are expenses in litigation are chargeable to
the accused only in cases of conviction.
 In cases of acquittal, the costs are de oficio, each party
bearing his own expenses.
 →Thus, of the three accused, two were convicted while
the third was acquitted. Only one of the two convicted
appealed. His conviction was affirmed. He was ordered
to pay one-third of the costs.
 → As a rule, no costs against the Republic
 →Payment of cost is discretionary
 Article 38. Pecuniary liabilities; Order of payment. - In
case the property of the offender should not be
sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order:
 1. The reparation of the damage caused.
 2. Indemnification of consequential damages.
 3. The fine.
 4. The cost of the proceedings.

Illustration:
 A was charged for robbery with violence against persons after he
inflicted upon B serious physical injuries and took the latter’s
watch and ring worth P1,250. As a result of the physical injuries
inflicted, B was hospitalized and was not able to attend to his
work for one month. For hospital bills, he paid P500. for his
failure to earn his salary for one month, he lost P300. If A, after
conviction, had only a property not exempt from execution
worth P1,000, it shall be applied to the payment of the watch and
ring, which could not be returned, because they are covered by
the “reparation of the damage caused” and it is No. 1 in the order
of payment.
 The hospital bills in the amount of P500 and the salary which he
failed to earn in the sum of P300 are covered by the
“indemnification of the consequential damages” which is only
No. 2 in the order of payment.
Subsidiary Penalty? (RA 10159)
 Article 39. If the convict has no property with which
to meet the fine mentioned in the paragraph 3 of the
next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for
each amount equivalent to the highest minimum
wage rate prevailing in the Philippines at the time
of the rendition of judgment of conviction by the trial
court, subject to the following rules:

 1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding
paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term
of the sentence, and in no case shall it continue for
more than one year, and no fraction or part of a day
shall be counted against the prisoner.

 2. When the principal penalty imposed be only a fine,
the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a
grave or less grave felony, and shall not exceed fifteen
days, if for a light felony.
 3. When the principal imposed is higher than prision
correccional, no subsidiary imprisonment shall be
imposed upon the culprit.

 4. If the principal penalty imposed is not to be
executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during
the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those
of which the principal penalty 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 improve. (As amended by RA
5465, April 21, 1969).
What is subsidiary penalty?
 → it is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the fine, at
the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of
conviction by the trial court, subject to the rules provided
for in Art. 39 as amended.
 → the judgment of conviction must impose subsidiary

imprisonment, otherwise, the same shall not apply.
 →applicable only to fine and not to other pecuniary
liability.
Can the convict be exempted from paying fine
and just choose to serve subsidiary penalty?
 → Art. 39 as amended apply only when the convict has
no property with which to meet the fine mentioned in
par. 3 of Art. 38.
 → Hence, it would seem that the convict, who has

property enough to meet the fine and not exempt from
execution, cannot choose to serve the subsidiary
penalty, instead of paying for the fine.

Evaluate:
 A was convicted for bribery and sentenced to 2 months
and 1 day of arresto mayor as minimum, to 1 year, 8
months and 21 days of prision correccional, as
maximum, to pay a fine of P40.00, with the accessories
of the law, and to pay the costs. Since the decision does
not provide for subsidiary imprisonment in the event
of inability of A to pay the fine of P40, A cannot be
required to serve subsidiary imprisonment, if he
appears to be insolvent.
Application:
 1. Rule 1 – Applicable only when the penalty imposed is
imprisonment not exceeding 6 years) :
 A is convicted of falsification by private individual (Art.
172) and sentenced to 4 years, 9 months and 10 days of
prision correccional, as the maximum term of the
indeterminate penalty, and to pay a fine of P200,000.00.
If A has no property with which to meet the fine, he will
have to suffer subsidiary imprisonment the amount
equivalent to the minimum wage of P500 per day which
he cannot pay, but not to exceed 365 days, computed as
follows:
4 years, 9 months and 10 days
 365 days in one year
 x4
 1,460 - days in 4 years
 270 - days in 9 months
 10 - days
 1,740 - days in 4 yrs, 9 mos and 10 days
 / 3
 580 - days, which represent 1/3 of the penalty imposed
 P200,000 – amount of fine

 / 500 - highest prevailing min wage
 400 - days, which are less than 1/3 of the penalty
imposed (580 days)
 Although the quotient of 400 days does not exceed 1/3 of
the term of the penalty imposed, yet A can be made to
suffer subsidiary imprisonment only for 365 days, because
“in no case shall it continue for more than one year.”
 → the subsidiary imprisonment not to exceed one-third of
the penalty imposed and not to exceed one year.
 → what if the subsidiary imprisonment is only 40 days
(fine of P20,000) → when the quotient, after dividing the
amount of the fine by P500, is one year or less and such
quotient does not exceed 1/3 of the penalty imposed, the
whole period of imprisonment represented by the quotient
must be served by the convict as subsidiary penalty.
 → no subsidiary imprisonment if the indemnity is less
than P500
 2. Rule 2 (Applicable when the penalty imposed is fine
only) : A was sentenced to pay a fine of P20,000 (Theft
under par. 7). In case of insolvency, A shall suffer
subsidiary imprisonment at the rate of one day for
every P500 which he cannot pay. To divide P20,000 by
P500 will be 40 days (1 month and 10 days). So, what
will be his subsidiary penalty?
 → not to exceed 6 months if prosecuted for grave or
less grave
 →not to exceed 15 days, if for light felony.
 → what if P10,000? -> 15 days
 →what if P5,000? -> 10 days
 3. Rule 3
 A was charged and convicted for Falsification by a public

officer (Art. 171) and was sentenced to suffer the penalty of
prision mayor and a fine of P1,000,000.00. In case of
insolvency of A, what would be his subsidiary penalty?
 → the penalty to be imposed must be (1) prision correccional,

(2) arresto mayor, (3) arresto menor, (4) suspension, (5)
destierro or (6) fine only.
→ The subsidiary penalty is the “same deprivation as those of
which the principal penalty consists.”
No subsidiary penalty in the following cases:
 1. When the penalty imposed is higher than prision

correccional.
 2. For failure to pay the reparation of the damage
caused, indemnification of the consequential
damages, and the costs of the proceedings.
 3. When the penalty imposed is fine and a penalty not
to be executed by confinement in a penal institution
and which has no fixed duration.

Section Three. - Penalties in which other accessory
penalties are inherent
 Article 40. Death; Its accessory penalties. - The death

penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of
perpetual absolute disqualification and that of civil
interdiction during thirty years following the death
sentence, unless such accessory penalties have been
expressly remitted in the pardon.
 → accessory penalty are deemed imposed

Accessory penalties of Reclusion:
 Article 41. Reclusion perpetua and reclusion temporal;
Their accessory penalties. - The penalties of reclusion
perpetua and reclusion temporal shall carry with them
that of civil interdiction for life or during the period of
the sentence as the case may be, and that of perpetual
absolute disqualification which the offender shall
suffer even though pardoned as to the principal
penalty, unless the same shall have been expressly
remitted in the pardon.
Prepared by: Pros. fJadraque

Accessory penalties of Prision Mayor
 Article 42. Prision mayor; Its accessory penalties. -

The penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of
perpetual special disqualification from the right of
suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.

Accessory penalties of prision correccional:
 Article 43. Prision correccional; Its accessory

penalties. - The penalty of prision correccional shall
carry with it that of suspension from public office,
from the right to follow a profession or calling, and
that of perpetual special disqualification from the
right of suffrage, if the duration of said imprisonment
shall exceed eighteen months. The offender shall suffer
the disqualification provided in the article although
pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
Accessory penalties of Arresto:
 Article 44. Arresto; Its accessory penalties. - The
penalty of arresto shall carry with it that of suspension
of the right too hold office and the right of suffrage
during the term of the sentence.

Other effects:
 Article 45. Confiscation and forfeiture of the proceeds
or instruments of the crime. - 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 property of a third person not liable for
the offense, but those articles which are not subject of
lawful commerce shall be destroyed.
Recap:
 1. Every penalty imposed carries with it the forfeiture of
the proceeds of the crime and the instruments or tools
used in the commission of the crime.
 2. The proceeds and instruments or tools of the crime are
confiscated and forfeited in favor of the Government.
 3. Property of a third person not liable for the offense, is
not subject to confiscation and forfeiture.
 4. Property not subject of lawful commerce (whether it
belongs to the accused or to third person) shall be
destroyed.
Chapter Four
APPLICATION OF PENALTIES
Section One. - Rules for the application of penalties to
the persons criminally liable and for the graduation of
the same.
 Article 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.
 → the prescribed penalty provided by law is for the
principal in a consummated felony
 → except when the law fixes a penalty for frustrated or
attempted felony.
 Graduation of penalties by degrees or periods find
significance according to the participation and stage of
execution of a felony.
 A graduation of penalties by degrees refers to stages of
execution (consummated, frustrated or attempted) and to
the degree of the criminal participation of the offender
(whether principal, accomplice or accessory)
 The division of a divisible penalty into three periods, as
maximum, medium and minimum, refers to the proper
period of the penalty which should be imposed when
aggravating or mitigating circumstances attend the
commission of the crime.
When shall death penalty not imposed?
 Article 47. 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.
 2. When upon appeal or revision of the case by the Supreme
court, 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.
 Since the Supreme Court is composed of 15 members, the
vote of eight (8) members is required to impose the death
penalty.
 → automatic review if death penalty is imposed with the
observance of the hierarchy of court.
 Where the penalty of reclusion perpetua is imposed, in lieu of the
death penalty, there is a need to perfect an appeal (People v. Salome,
G.R. No. 169077, 8/31/2006)
 This includes when the guilty person is below 18 years of

age at the time of the commission of the crime.
 But as to the more than 70 years of age → at the time of
conviction and not of commission
How shall complex crimes penalized?
 Article 48. 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.
 → 2 or more crimes are actually committed, but they
constitute only one crime in the eyes of the law as well as
in the conscience of the offender. The offender has only one
criminal intent. Even in the case where an offense is a
necessary means for committing the other, the evil intent
of the offender is only one. Hence, there is only one penalty
imposed for the commission of a complex crime.
Kinds of complex crime
 1. Compound Crime – when a single act constitutes
two or more grave or less grave felonies.
 2. Complex Crime Proper – when an offense is a

necessary means for committing the other.

Compound Crime
 →when a single act constitutes two or more grave or
less grave felonies.
 Requisites:
 1. That only a single act is performed by the offender.
 2. That the single act produces (1) two or more grave
felonies, or (2) one or more grave and one or more less
grave felonies, or (3) two or more less grave felonies.

Illustration:
 Guillen, by a single act of throwing a highly explosive
hand grenade at President Roxas resulting in the death
of another person, committed several grave felonies,
namely;
 (1) murder of which Simeon Varela was the victim; and
 (2) multiple attempted murders, of which Pres. Roxas
and four others were the injured parties (People v.
Guillen, 85 Phil 307
 → the penalty shall be reclusion perpetua which is the

penalty of the graver offense.
Compare:
 The accused fired his Thompson sub-machine gun at
several persons. The first burst of shots hit three
persons. The accused let loose a second burst of shots
wounding two others.
 Held: For each death caused or physical injuries
inflicted upon the victims corresponds a distinct and
separate shot fired by the accused, who thus made
himself criminally liable as for as many offenses as
those resulting from every single act that produced the
same. (People v. Desierto, CA, 45 O.G. 4542)
 → Although each burst of shots was caused by one
single act of pressing the trigger of the sub-machine
gun, in view of its special mechanism the person
firing it has only to keep pressing the trigger with his
finger and it would fire continuously. Hence, it is not
the act of pressing the trigger which should be
considered as producing the several felonies, but the
number of bullets which actually produced them .

Further:
 But when the acts are wholly different, not only in
themselves but also because they are directed against two
different persons, as when one fires his revolver twice in
succession, killing one person and wounding another, or
when two persons were killed one after the other, by
different acts, although these two killings were the result of
a single criminal impulse, the different acts must be
considered as distinct crimes.
 → two or more grave or less grave felonies are included in
complex crimes
 → light felonies produced thereof are punished separately
(or are absorbed by the grave felony)
Further illustrations:
 1. The single act of Pama in firing a shot, the same bullet
causing the death of two persons who were standing on the
same line of the direction of the bullet. (People v. Pama,
CA, 44 OG 3339)
 2. Where the victim was killed while discharging his duty as

barangay captain to protect life and property and enforce
law and order in his barrio, the crime is a complex crime of
homicide with direct assault (G.R No. 57415, 12/15/1989)
 → complex crime is separate and distinct to special
complex crime
Complex Crime Proper
 →when an offense is a necessary means for
committing the other.
 Requisites:
 1. That at least two offenses are committed.
 2. That one or some of the offenses must be necessary
to commit the other.
 3. That both or all the offenses must be punished
under the same statute.
 → no complex crime where one of the offense is
penalized by a special law.
Illustration:
 Falsification of a public document by an accountable officer
(altering the duplicate of the CTC already issued to other
persons by erasing the names originally written thereon
and writing in their places new names) is an offense which
is necessary to commit malversation (collecting P2.00 from
each of them and misappropriating the amount), which is
another offense (People v. Barbas, 60 Phil 241)
 The falsification of the CTC, which is a crime under Art. 171,
was necessary to commit the crime of malversation under Art.
217, because the accused had to falsify the duplicate of the
CTC to obtain from the taxpayers the money which he later
misappropriated.
 → the phrase “necessary means” does not mean
“indispensable means.”
Other matters:
 → In complex crime, when the offender executes various
acts, he must have a single purpose.
 →in forcible abduction with rape, subsequent acts of
intercourse are separate acts of rape.
 → no complex crime, when one offense is committed to
conceal the other.
 → when in the definition of a felony one offense is a means
to commit the other, there is no complex crime (exception);
the same is an element; inherent
 Murder by means of killing the victim by means of fire; the
crime is murder and not murder and arson/crimes involving
destruction
 →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
 → in complex crimes but the acts falls under different

jurisdictions → the court of higher jurisdiction shall
try the complex crime.
 e.g. Direct Assault resulting in Homicide
 Direct Assault generally under the MTCs
 Homicide are with the RTCs

 Penalty to be imposed is the penalty for the most serious
crime, the same to be applied in its maximum period.
 So, in direct assault with homicide, the penalty of homicide
being the more serious crime shall be imposed; the penalty is
reclusion temporal maximum period; the law provides in its
maximum period
 Reclusion Temporal full duration – 12 years and 1 day to 20
years)
 Rec Tem min – 12 years and 1 day to 14 years & 8 months
 Rec Tem med - 14 years, 8 mos & 1 day to 17 yrs & 4 mos
 Rec Tem max – 17 years, 4 mos and 1 day to 20 years
 →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.
 →only 1 information should be filed in complex crime
 →but the accused can be convicted of only one crime
if the other offense constituting the complex crime was
not proven.
PLURALITY OF CRIMES
 → consists in the successive execution by the same
individual of different criminal acts upon any of which no
conviction has yet been declared.
 KINDS:
 1. Formal or Ideal Plurality (Art. 48)
 → one criminal liability
 2. Real or Material Plurality
 → there are different crimes in law as well as in the conscience
of the offender; hence, shall be punished for each and every
offense that he committed.
 Example of Real or Material Plurality:
 A stabbed B with a knife. Then A, also stabbed C. There
are two crimes committed as there are two acts
performed.
 Plurality is different from recidivism; in recidivism,

there must be conviction by final judgment of the first
or prior offense; in plurality of crimes, there is no
conviction of the crimes committed.

 Plural crimes of the formal or ideal type are divided
into three groups:
 A person committing multiple crimes is punished with
one penalty in the following cases-
 1. When the offender commits any of the complex crimes
defined in Art. 48 of the Code.
 2. When the law specifically fixes a single penalty for two
or more offenses committed – Special Complex Crime
 A. Robbery with Homicide (Art. 294)
 B. Kidnapping with serious physical injuries (Art. 267)
 3. When the offender commits continued crimes.

Special complex crime or composite crime
 → is made up of more than one crime but which in the eyes
of the law warrants a single indivisible offense– so , one
specific penalty is imposed.
 Rape with homicide
 Kidnapping with homicide
 Robbery with arson
 Robbery with homicide
 Kidnapping with serious physical injuries
 Arson with homicide
 → where the law provides a single penalty for 2 or mre
component offenses, the resulting crime is called Special
Complex Crime (People v. Laog, G.R. No. 178321, 10/5/2011)
Continued crime or Delito Continuado
 → further known as continuous or continuing crime- a
single crime, consisting of a series of acts but all
arising from one criminal resolution.
 → a continuing offense is a continuous, unlawful act or
series of acts set on foot by a single impulse and
operated by an unintermittent force, however long a
time it may occupy.
 →although there is a series of acts, there is only one
crime committed; hence, only one penalty shall be
imposed.
Illustration of continued crime:
 1. Thus, a collector of a commercial firm misappropriates for his
personal use several amounts collected by him from different
persons. There is here one crime only, because the different and
successive appropriations are but the different moments during
which one criminal resolution arises and a single defraudation
develops.
 2. A thief, who takes from the yard of a house two game roosters
belonging to two different persons commits only one crime, for
the reason that there is unity of thought in the criminal purpose
of the offender. There is series of acts here for the
accomplishment of different purposes, but only one purpose
which is consummated, and which determines the existence of
only one crime (People v. De Leon, 49 Phil 437)
 3. Series of acts born of a single criminal impulse may be
perpetrated during a long period of time.
 A continued crime is not a complex crime – because
the offended in continued or continuous crime does
not perform a single act, but a series of acts, and one
offense is not a necessary means for committing the
other.
 A continued crime is different from a transitory crime
– the latter is significant in determining
venue/jurisdiction

Distinction between real or material
plurality from continued crime:
 In real or material plurality as well as in continued
crime, there is a series of acts performed by the
offender.
 While in real or material plurality, each act performed
by the offender constitutes a separate crime, because
of each act is generated by a criminal impulse; in
continued crime, the different acts constitute only one
crime because all of the acts performed arise from one
criminal resolution.
 Article 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. (Homicide but intention is only PI)
 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. (Frustrated Homicide
but intention is Homicide)
 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.
 Article 49 applies only when there is a mistake in 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.
 → Par. 1 of Art. 4 covers (1) aberratio ictus (mistake in the

blow, (2) error in personae (mistake in identity of the
victim, and (3) praeter intentionem ( where a more serious
consequence not intended by the offender befalls the same
person).
 →the article requires that it befalls to a different person.

Illustration:
 Aberratio ictus:
 A fired his gun at his father, with intent to kill him, but
missed and hit C, killing the latter.
 - two crimes are actually committed: (1) homicide, which
C was the victim; and (2) attempted parricide, as against
the father
 - the two crimes actually committed were the result of a
single act; hence, A committed complex crime of
consummated homicide with attempted parricide →
Art. 48 is applicable.
 Error in Personae:
 A, thinking that the person walking in a dark alley was
B, a stranger, fired at that person, who was killed as a
result. It turned out that person was C, the father of A.
 - the crime actually committed is parricide punishable
by reclusion perpetua, while, the crime he intended to
commit is homicide (B being only a stranger) punishable
by reclusion temporal.
 - in view of rule No. 1 provided for in Art. 49, the penalty
of homicide shall be imposed in its maximum period
upon A
 Supposed A wanted to kill his father and waited for him
in the dark alley where he used to pass in going home;
when A saw a person coming and thinking that he was
his father, A shot him; and it turned out that the person
was a stranger.
 - he should be punished with the penalty for homicide
applied in the maximum period, the crime actually
committed.
 - in view of rule No. 2 provided for in Art. 49.

 Praeter Intentionem:
 A, without intent to kill, boxed B from behind on the
back part of the latter’s head. B fell to the cement
pavement with his head striking it. B died due to the
fracture of the skull. In this case, the death of B was not
intended by A.
 - Art. 49 has no application to cases where a more
serious consequence not intended by the offender
befalls the same person.
 - he nevertheless can invoke the mitigating
circumstances of no intention to commit so grave a
wrong as that committed.
Other matters:
 → Art. 49 is applicable only when the intended crime and
the crime actually committed are punished with different
penalties.
 → In Art. 49, the lesser penalty is to be imposed, to be
applied in the maximum period (Par. 1 & 2); while in Art.
48, the penalty for the more or most serious crime shall be
imposed, the same to be applied in its maximum period.
 → Rule No. 3 in Art. 49 is not necessary – because the cases
contemplated in that paragraph may well be covered by
Art. 48, in view of the fact that the same act committed by
guilty person, which gives rise to one crime, also constitute
an attempt or a frustration of another crime.
 Article 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.

 Article 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.
 Prepared by: Prof. Jadraque

 Article 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.

 Article 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.

 Article 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.

 Article 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.

 Article 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.

 Article 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.

Diagram of the application of Arts. 50 to 57
 A killed B who was charged and sentenced to the

penalty of reclusion temporal. While B and C were
found guilty by the court of being accomplices and
accessory to the crime committed by A.
 What is the penalty if the crime was only in its

frustrated stage?
 What is the penalty if the crime was only in its
attempted stage?
Consummated Frustrated Attempted
Principal 0 1 2
(Reclusion (Prision Mayor) (Prision
Temporal) Correccional)
Accomplices 1 2 3
(Prision Mayor) (Prision (Arresto Mayor)
Correccional)
Accessories 2 3 4
(Prision (Arresto Mayor) (Arresto Menor)
Correccional)
 → exceptions to the rules established in Articles 50 to 57 :
 Where the law expressly prescribes the penalty for the
frustrated or attempted felony, or to be imposed upon the
accomplices or accessories ( Art. 60)
 → What is the bases for the determination of the extent of
penalty to be imposed under the RPC?
 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.
 → in the different stages of execution in the commission of
the crime and in the participation therein of the persons
liable, the penalty is graduated by degree.
What is a degree in relation to penalty?
 A DEGREE is one entire penalty, one whole penalty or
one unit of the penalties enumerated in the graduated
scales provided for in Art. 71.
 → reclusion perpetua
 → reclusion temporal
 → prision mayor
 → prision correccional
 → arresto mayor
 → arresto menor
What is a period of penalty?
 A PERIOD is one of the three equal portions, called

minimum, medium and maximum of a divisible
penalty ; reclusion temporal to arresto menor
 → exception – a period of a divisible penalty, when

prescribed by the Code as a penalty for a felony is in
itself a degree.

 Article 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.
 → Art. 16, as a rule does not punished an accessory for
light felonies.
 Article 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.
Application:
 Intod v. CA and People, G.R. No. 103119, 10/21/1992
 Petitioner seeks the High Court to review the decision of
the CA affirming in toto his conviction of Attempted
Murder alleging that he should not be made liable
because of the inherent impossibility for him to commit
the crime.
 Held:
 His petition was granted and the High Court modified
the decision of the CA and imposed upon him the
penalty for impossible crime as provided under Art. 59
of the RPC.
 Article 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.

Application:
 1. Thus, when on the occasion or in consequence of an
attempted or frustrated robbery, the offender commits
a homicide, the law provides in Art. 297 that the
special penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon
the offender.
 Were it not for this provision in Art. 60, the penalty to
be imposed would be reclusion temporal which is the
penalty next lower in degree than reclusion perpetua
to death, the penalty for consummated offense of
robbery with homicide.
 2. Accomplice punished as principal. As a rule shall be
punished one degree lower than the penalty imposed
upon the principals. But in two cases, the Code
punishes an accomplice with the same penalty
imposed upon the principal, viz:
 A. The ascendants, guardian, curators, teachers and any
person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the crime
of rape, acts of lasciviousness, seduction, corruption of
minors, white slave trade or abduction (Art. 346)
 B. One who furnished the place for the perpetration of
the crime of slight illegal detention (Art. 268)
 3. Accessory punished as principal. Knowingly
concealing certain evil practices is ordinarily an act of
an accessory, but in Art. 142, such act is punished as
the act of the principal.
 → There are certain accessories being punished with a
penalty one degree lower, instead of two degrees, viz:
 A. Knowingly using counterfeit seal or forged signature
or stamp of the President (Art. 162)
 B. Illegal possession and use of a false treasury or bank
note (Art. 168)
 C. Using a falsified document (Art. 173, par 3)
 D. Using a falsified dispatch (Art. 173, par 2)
 Article 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. (RP to RT)
 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. (RP to death – RT;
RT – PM; PM to PC – AMa)
 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 of that immediately following in said respective
graduated scale. (RT max to death – PM max to RT med)
 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. (PM med to RT min – PC
med to PM min)

 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.

Graduated scale in Art. 71(Order of
penalties)
 1. Death 6. Arresto mayor
 2. Reclusion perpetua 7. Destierro
 3. Reclusion temporal 8. Arresto menor
 4. Prision mayor 9. Public censure
 5. Prision correccional 10. Fine
 → the indivisible penalties are: death, reclusion perpetua
and public censure
 → the divisible penalties are reclusion temporal, down to
arresto menor
 →the divisible penalties are likewise divided into three
periods : minimum, medium and maximum.
Illustration:
 Death
(1)Penalty for the
 Reclusion perpetua principal-
consummated Murder
 Reclusion temporal - Maximum
• Medium
• Minimum (2) Penalty for the
accomplice or for the
 Prision mayor - Maximum principal in a
• Medium frustrated murder
• Minimum

 Reclusion temporal - Maximum
• Medium
• Minimum
(1) Penalty →principal
 Prision mayor - Maximum in the consummated
• Medium felony
• Minimum
(2) Penalty →
 Prision correccional- Maximum accomplice or principal
 Medium in the frustrated felony
 Minimum

 Prision correccional- Maximum
 Medium
Prescribed penalty
 Minimum of the felony
 Arresto mayor – Maximum

The penalty next
 Medium lower
 Minimum

Simplified Rules:
 1. If the penalty prescribed by the Code consists in
three periods, corresponding to different divisible
penalties, the penalty next lower in degree is the
penalty consisting in the three periods down in the
scale.
 2. If the penalty prescribed by the Code consists in two
periods, the penalty next lower in degree is the penalty
consisting in two periods down in the scale.
 3. If the penalty prescribed by the Code consists in
only one period, the penalty next lower in degree is the
next penalty down in the scale.
Section Two. - Rules for the application of penalties with
regard to the mitigating and aggravating circumstances,
and habitual delinquency.
 Article 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual delinquency. -
Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with
the following rules:
 1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which are
included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the
purpose of increasing the penalty.
 1.(a) When in the commission of the crime, advantage
was taken by the offender of his public position, the
penalty to be imposed shall be in its maximum
regardless of mitigating circumstances.
 The maximum penalty shall be imposed if the offense
was committed by any person who belongs to an
organized/syndicated crime group.
 An organized/syndicated crime group means a group
of two or more persons collaborating, confederating or
mutually helping one another for purpose of gain in
the commission of any crime.
 2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany the
commission thereof.
 3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are
attendant.
 4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of
them at the time of the execution of the act or their
cooperation therein.

 5. Habitual delinquency shall have the following effects:
 (a) Upon a third conviction the culprit shall be sentenced
to the penalty provided by law for the last crime of which
he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;
 (b) Upon a fourth conviction, the culprit shall be sentenced
to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor
in its minimum and medium periods; and
 (c) Upon a fifth or additional conviction, the culprit shall
be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal
in its minimum period.
 Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case
exceed 30 years.
 For the purpose of this article, a person shall be
deemed to be habitual delinquent, if within a period
of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, he
is found guilty of any of said crimes a third time or
oftener.
Effects of the attendance of aggravating or mitigating
circumstances or of habitual delinquency.
 1. Aggravating circumstances (generic and specific)
have the effect of increasing the penalty, without,
however, exceeding the maximum provided by law.
 2. Mitigating circumstances have the effect of
diminishing the penalty.
 3. Habitual delinquency has the effect, not only of
increasing the penalty because of recidivism which is
generally implied in habitual delinquency, but also in
imposing an additional penalty.
Illustration:
 Par. 1 – Aggravating circumstances which (1) in
themselves constitute a crime especially punished by
law or which (2) are included by the law in defining a
crime and prescribing the penalty therefor are not to
be taken into account to increase the penalty.
 (1) Which in themselves constitute a crime.
 That the crime be committed “by means of fire (par.12),” is not
considered as aggravating in arson; and that the crime be
committed by means of “derailment of a locomotive (par. 12)”
is not considered aggravating in the crime described in Art.
330 known as “Damages and obstruction to means of
communication.”
 2. Which are included by law in defining a crime.
 That the crime was committed in the dwelling of the
offended party is not aggravating in robbery with force
upon things (Art. 299); abuse of confidence is not
aggravating in qualified theft committed with grave
abuse of confidence (Art. 310)
 Neither can the aggravating circumstance that the
crime was committed by means of poison (Art. 14, par
12) be considered in the crime of murder committed
by means of poison, since using poison to kill the
victim is included by law in defining the crime of
murder (Art. 248, par 3)

Illustration:
 Par. 2 – The same rule applies with respect to aggravating
circumstances which are inherent in the crime.
 Evident premeditation is inherent in robbery and theft.
 Par. 3 – Aggravating or mitigating circumstances which

arise from the moral attributes of the offender, or (1) from
his private relatoins with the offended party, or (3) from
any other personal cause, serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to
whom such circumstances are attendant.
Illustration:
 3.(1) From the moral attributes of the offender.
 A and B killed C. A acted with evident premeditation,
and B with passion and obfuscation
 A – evident premeditation, should aggravate the penalty
of A.
 B – passion and obfuscation, should mitigate the penalty
of B.
 → their states of mind are different when they
committed the crime.
Illustration:
 3. (2) From his private relations with the offended
party.
 A and C inflicted slight physical injuries on B. A is the
son of B. C is the father of B. In this case, the alternative
circumstance of relationship has the following effects:
 As an aggravating to A, being a relative of the lower
degree than the offended party.
 As a mitigating to C, being a relative of a higher degree
than that of the offended party B.

Illustration:
 3. (3) From any other personal cause:
 A and B committed a crime. A was under 16 years of age
and B was a recidivist.
 →minority of A, shall worked to mitigate A liability

 →recidivism of B, shall worked to aggravate B’s liability.

Illustration:
 Par. 4 – The circumstances which consist (1) in the material execution
of the act, or (2) in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their
cooperation therein.
 (1) Material execution of the act.
 A, as principal by induction, B and C agreed to kill D. B
and C killed D with treachery, which mode of
committing the offense had not been previously agreed
upon by them with A. A was not present when B and C
killed D.
 Treachery is to aggravate the liability of B and C only.

Illustration:
 4.(2) Means to accomplish the crime:
 A ordered B to kill C. B invited C to eat with him. B
mixed poison with the food of C, who died after he had
eaten the food. A did not know that B used poison to kill
C.
 The aggravating circumstance of poison is applicable to
B only and not A.

Who is a habitual delinquent?
 Par. 5 – A habitual delinquent is a person who within a
period of ten years from the date of his (last) release or
last conviction of the crimes (1) serious physical
injuries or less serious physical injuries, (2) robbery
(robo), (3) thief (hurto), (4) estafa or (5) falsification,
he is found guilty of any of said crime a third time or
oftener.

Illustration:
Crimes Committed Date of Conviction Date of Release
Theft June 1915 July 1916
Estafa May 1920 Oct 1922
Attempted Robbery July 1928 Aug 1930
Theft Aug 1937 Sept 1940
Crime Charged Oct 1946

Additional penalty for habitual delinquency:
 1. Upon a third conviction- penalty of the crime
charged + prision correccional med to max periods.
 2. Upon the fourth conviction – penalty of the crime
charged + prision mayor min to med periods.
 3. Upon the fifth conviction – penalty of the crime
charged + reclusion temporal min period
 → but the total of the two penalties shall not exceed 30
years.
 (1) penalty for the last crime charged of which he is
found guilty
 (2) additional penalty for being a habitual delinquent.
Distinction between Habitual Delinquency and
Recidivism:
 1. As to the crimes committed:
 In recidivism, it is sufficient that the accused on the date of
his trial, shall have been previously convicted by final
judgment of another crime embraced in the same title of the
Code; in habitual delinquency, the crimes are specified.
 2. as to the period of time the crimes are committed:
 In recidivism, no period of time between the former
conviction and the last conviction is fixed by law; in habitual
delinquency, the offender is found guilty of any of the crimes
specified within ten years from his last release or last
conviction.
 3. As to the number of crimes committed:
 In recidivism, the second conviction for an offense
embraced in the same title of the Code is sufficient; in
habitual delinquency, the accused must be found guilty
the third time or oftener or any of the crimes specified.
 4. As to their effects:
 Recidivism, if not offset by a mitigating circumstance,
serves to increase the penalty only to the maximum;
whereas, if there is habitual delinquency, an additional
penalty is also imposed.

Rulings on habitual delinquency:
 1. Ten-year period computed either from last
conviction or last release. The law on habitual
delinquency does not contemplate the exclusion from
the computation of prior convictions those falling
outside the ten-year period immediately preceding the
crime for which the defendant is being tried, provided
each conviction is followed by another transgression
within ten years from one conviction to another.
(People v. Lacsamana, 70 Phil 517)

 2. Ten-year period is counted not to the date of
commission of subsequent offense, but to the date of
conviction thereof in relation to the date of his last
release or last conviction. (People v. Morales, 61 Phil
222)
 3. When an offender has committed several crimes
mentioned in the definition of habitual delinquent,
without being first convicted of any of them before
committing the others, he is not a habitual delinquent.
(People v. Santiago, 55 Phil 266)
 4. Convictions on the same day or about the same time
are considered as one only. (People v. Kaw Liong, 57
Phil 839)
 5. Crimes committed on the same date, although
convictions on different dates are considered only
one.(People v. Albuquerque, 69 Phil 608-609)
 6. Previous convictions are considered every time a
new offense is committed. (People v. De La Rama, 62
Phil 972)

 7. The commission of any of those crimes need not be
consummated. He who commits crime, whether it be
attempted or frustrated, subjectively reveals the same
degree of depravity and perversity as one who commits
a consummated crime (People v. Abuyen, 52 Phil 722-
726)
 8. Habitual delinquency applies to accomplices and
accessories. (People v. San Juan, 69 Phil 347-349)

 9. If one crime was committed during the minority of
the offender, such crime should not be considered, for
the purpose of treating him as a habitual offender,
because the proceedings as regards that crime were
suspended
 10. The imposition of the additional penalty prescribed
by law for habitual delinquents is mandatory. (People
v. Ortezuela, 51 Phil 857)
 11. Modifying circumstances applicable to additional
penalty. (People v. De Jesus, 63 Phil760)
 12. Habitual delinquency is not a crime. It is simply a
fact or circumstance which, if present is a given case
with the other circumstances enumerated in Rule 5 of
Art. 62, gives rise to the imposition of the additional
penalties therein prescribed. (People v. De Jesus)
 13. Penalty for habitual delinquency is a real penalty
that determines jurisdiction (People v. Costosa, 70 Phil
10)
 14. A habitual delinquent is necessarily a recidivist.
(People v. Tolentino, 73 Phil 643)- inherent

 15. But in imposing the additional penalty, recidivism
is not aggravating because inasmuch as recidivism is a
qualifying or inherent circumstance in habitual
delinquency, it cannot be considered aggravating
circumstance at the same time. Consequently, the
additional penalty to be imposed upon the accused
must be the minimum of that prescribed by law as,
with the exception of recidivism, no other
circumstance or fact justifying the imposition of said
penalty in a higher period has been present. (People v.
De Jesus, 63 Phil 760)
Can a convict be a habitual delinquent
without being a recidivist?
 YES, when no two of the crimes committed are
embraced in the same title of the Code.
 Illustration:
 A was convicted of falsification in 1920 and served
sentence in the same year. Then, he committed estafa,
convicted and served sentence in 1925. His last crime
was physical injuries committed in 1930. Falsification is
a crime against public interests; estafa, against property;
physical injuries, against persons.
Is the imposition of additional penalty for
habitual delinquency constitutional?
 It is neither an ex post facto law nor an additional
punishment for former crimes. It is simply a
punishment on future crimes, the penalty being
enhanced on account of the criminal propensities of
the accused. (People v. Montera, 55 Phil 933-934)

Rules for the application of indivisible
penalties.
 Article 63. 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, 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.
Illustration:
 Example of single and indivisible penalty:
 In kidnapping and failure to return a minor (Art. 270)
and in rape (Art. 266-B), the penalty is reclusion
perpetua, a penalty which is single and indivisible.
 Example of two indivisible penalty:
 Reclusion perpetua to death. This penalty is imposed for
parricide (Art. 246) robbery with homicide (Art. 294,
par 1), kidnapping and serious illegal detention without
intention to extort ransom (Art. 267) and rape
committed with the use of a deadly weapon or by two or
more persons (Art. 266-B)
 When the penalty is composed of two indivisible penalties,
the penalty cannot be lowered by one degree, no matter
how many mitigating circumstance are present →refer to
Art. 63, par 3
 EXCEPTION:
 When a privileged mitigating circumstance under Art. 68
or Art. 69 is present.
 Thus if a woman who was being boxed by her husband
stabbed him with a knife in the chest, causing his death,
she is entitled to a penalty one degree lower from reclusion
perpetua to death → reclusion temporal
How to apply the penalties which contains three
periods?
 Article 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.
Outline of the rules:
 1. No aggravating and no mitigating – medium period
 2. Only a mitigating – minimum period
 3. Only an aggravating – maximum period
 → When there are 2 aggravating circumstances and

there is no mitigating – maximum period
 → When there are aggravating and mitigating – the
court shall offset those of one class against the other
according to their relative weight.
 4. Illustration:
 A committed homicide in the nighttime, purposely
sought for by him and which facilitated the commission
of the crime. He surrendered to the mayor of the town
and when tried, he pleaded guilty to the charged.
 1 mitigating (either voluntary surrender or plea of guilty)
will offset the aggravating circumstance of nighttime.
 The remaining mitigating circumstance will result in the
imposition of the minimum period of the penalty of
reclusion temporal, penalty for homicide → RT min

 5. Two or more mitigating and no aggravating:
 The penalty for the offense is reclusion temporal

maximum to reclusion perpetua. That the penalty be
lowered by one degree because of the presence of two
mitigating circumstances. So, the maximum of the
indeterminate penalty should be taken from prision
mayor maximum to reclusion temporal medium. And
the minimum penalty should be taken from prision
correccional maximum to prision mayor medium.

Illustrative problem:
 A was once convicted by final judgment of the crime of
serious physical injuries. A now committed homicide
with three mitigating circumstances. Is A entitled to a
penalty one degree lower?
 No. Because of the presence of an aggravating

circumstance of recidivism.

 6. No penalty greater than the maximum period of the
penalty prescribed by law shall be imposed, no matter
how many aggravating circumstances are present.
 Thus, even if four generic aggravating circumstances
attended the commission of homicide without any
mitigating circumstance, the court cannot impose the
penalty of reclusion perpetua which is higher than
reclusion temporal, the penalty for homicide.

 7. The court can determine the extent of the penalty within
the limits of each period, according to the number and
nature of the aggravating and mitigating circumstances
and the greater or lesser extent of the evil produced by the
crime.
 Thus, a crime punished with arresto mayor was committed
with the concurrence of three circumstances, two aggravating
and one mitigating. Under rule 4, the penalty of arresto
mayor in its maximum period (4 mos and 1 day to 6 mos)
shall be imposed.
 → Under Rule 7, the court can impose an indeterminate
penalty between 4 mos and 1 day to 6 months->4 mos and 1
day, or 5 months, or 6 months
In what cases are mitigating and aggravating
circumstances not considered in the imposition
of penalty?
 1. When the penalty is single and indivisible.
 2. In felonies thru negligence.
 3. The penalty to be imposed upon a Moro or other
non Christian inhabitants.
 4. When the penalty is only a fine imposed by an
ordinance.
 5. When the penalties are prescribed by special laws.

 Article 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.

Illustration:
 1)Prision Mayor – 6 years and 1 day to 12 years
 2)Subract the minimum (disregarding 1) from the

maximum, thus –
 12 years – 6 years = 6 years.
 3)Divide the difference by 3, thus –

 6 years / 3 = 2 years

Con’t:
 4)Use the minimum of 6 years and 1 day of PM as the
minimum of the minimum period. Then add 2 years to
the minimum (disregarding the 1 day) to get the
maximum of the minimum period, thus,
 the range of the minimum period is→
6 years and 1 day to 8 years

Con’t:
 5)Use the maximum of the minimum period as the
minimum of the medium period and add 1 day to
distinguish it from the maximum of the minimum
period: we have → 8 years and 1 day. Then add 2 years
to the minimum of the medium period (disregarding
the 1 day) to get the maximum of the medium period,
thus
 the range of the medium period is→
 8 years and 1 day to 10 years.

Con’t:
 6) Use the maximum of the medium period as the
minimum of the maximum period and add 1 day to
distinguish it from the maximum of the medium
period; we have 10 years and 1 day. Then, add 2 years to
the minimum of the maximum period (disregarding
the 1 day) to get the maximum of the maximum
period. Hence, the range of the maximum period is→
 10 years and 1 day to 12 years.
 →See Art. 76. The computation is not followed in the

division of arresto mayor.
 → Art. 65 also provides for the rule to be applied when
the penalty prescribed by the Code is not compose of
three periods.
 → Prision correccional in its medium and maximum
periods where the duration is 2 years, 4 months and 1
day to 6 years→ this has to be divided into 3 periods to
come up with the maximum, medium and the
minimum of the prescribed penalty; refer to sample as
provided in the textbook.
 Article 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.

Outline of the provision:
 1. The court can fix any amount of the fine within the
limits established by law.
 2. The court must consider –
 A. The mitigating and aggravating circumstances; and
 B. More particularly, the wealth or means of the culprit.
 → When the law does not fix the minimum of the fine,
the determination of the amount of fine to be imposed
upon the culprit is left to the sound discretion of the
court, provided it shall not exceed the maximum
authorized by law.
 Article 67. Penalty to be imposed when not all the
requisites of exemption of the fourth circumstance of Article
12 are present. - When all the conditions required in
circumstances Number 4 of Article 12 of this Code to
exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon
the culprit if he shall have been guilty of a grave felony,
and arresto mayor in its minimum and medium periods, if
of a less grave felony.
 → refers to the penalty for reckless imprudence as an
example
Repealed by RA 9344
 Article 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.
Probation as an alternative to
imprisonment:
 → applies to a CICL
 → The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in
lieu of service of his/her sentence taking into account
the best interest of the child. For this purpose, Sec 4 of
PD 968, otherwise known as the Probation Law of 1976
as amended by RA 10707.

 Article 69. Penalty to be imposed when the crime
committed is not wholly excusable. - A penalty lower by one
or two degrees than that prescribed by law shall be
imposed if the deed is not wholly excusable by reason of
the lack of some of the conditions required to justify the
same or to exempt from criminal liability in the several
cases mentioned in Article 11 and 12, provided that the
majority of such conditions be present. The courts shall
impose the penalty in the period which may be deemed
proper, in view of the number and nature of the conditions
of exemption present or lacking.
 → privileged mitigating
 Article 70. Successive service of sentence. - When the
culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the
penalties will so permit otherwise, the following rules
shall be observed:
 In the imposition of the penalties, the order of their
respective severity shall be followed so that they may
be executed successively or as nearly as may be
possible, should a pardon have been granted as to the
penalty or penalties first imposed, or should they have
been served out.
 For the purpose of applying the provisions of the next preceding
paragraph the respective severity of the penalties shall be determined
in accordance with the following scale:
 1. Death,
 2. Reclusion perpetua,
 3. Reclusion temporal,
 4. Prision mayor,
 5. Prision correccional,
 6. Arresto mayor,
 7. Arresto menor,
 8. Destierro,
 9. Perpetual absolute disqualification,
 10 Temporal absolute disqualification.
 11. Suspension from public office, the right to vote and be voted for, the
right to follow a profession or calling, and
 12. Public censure.
 Notwithstanding the provisions of the rule next preceding,
the maximum duration of the convict's sentence shall not
be more than three-fold the length of time corresponding
to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same
maximum period.
 Such maximum period shall in no case exceed forty years.
 In applying the provisions of this rule the duration of
perpetual penalties (pena perpetua) shall be computed at
thirty years. (As amended).
Penalties which can be simultaneously served
are:
 1. Perpetual absolute disqualification.
 2. Perpetual special disqualification.
 3. Temporary absolute disqualification.
 4. Temporary special disqualification.
 5. Suspension
 6. Destierro
 7. Public Censure
 8. Fine and bond to keep the peace
 9. Civil interdiction and
 10. Confiscation and payment of costs.
 → the above penalties, except destierro, can be served
simultaneously with imprisonment.
What is the so called three-fold rule?
 → according to the three-fold rule, the maximum duration of the
convict’s sentence shall not be more than three times the length
of time corresponding to the most severe of the penalties
imposed upon him.
 A person is sentenced to suffer – 14 years, 8 months and 1 day for
homicide; 17 years, 4 months and 1 day in another case; 14 years and
8 months in the third case; and 12 years in another case or a total of
59 years, 8 months and 2 days.
 The most severe of those penalties is 17 years, 4 months and 1 day. 3x
that penalty is 52 years and 3 days. But since the law has limited the
duration of the maximum term of imprisonment to not more than
40 years, the accused will have to suffer 40 years only
 → whichever is lower
 → the most severe includes equal penalties
 → the three-fold rule applies only when the convict has to serve at
least four sentences.
 → applies to all penalties, even if by different courts at
different times, cannot exceed three-fold the most
severe.
 → but applies only to several penalties not yet served
out
 → subsidiary imprisonment forms part of the penalty.

Who has the burden of observing the three-fold
rule?
 → it is the look out of the warden to implement the 3
fold rule
 → Court must impose all the penalties for all the
crimes of which the accused is found guilty, but in the
service of the same, they shall not exceed three times
the most severe and shall not exceed 40 years, the
implementation within the province of the warden.

 Article 71. Graduated scales. - In the case in which the law prescribed a penalty
lower or higher by one or more degrees than another given penalty, the rules
prescribed in Article 61 shall be observed in graduating such penalty.
 The lower or higher penalty shall be taken from the graduated scale in which is
comprised the given penalty.
 The courts, in applying such lower or higher penalty, shall observe the
following graduated scales:
 SCALE NO. 1
 1. Death,
 2. Reclusion perpetua,
 3. Reclusion temporal,
 4. Prision mayor,
 5. Prision correccional,
 6. Arresto mayor,
 7. Destierro,
 8. Arresto menor,
 9. Public censure,
 10. Fine.
 SCALE NO. 2
 1. Perpetual absolute disqualification,
 2. Temporal absolute disqualification
 3. Suspension from public office, the right to vote and
be voted for, the right to follow a profession or calling,
 4. Public censure,
 5. Fine.

Illustration:
 Must destierro be applied only when it is specifically
imposed by law? No. Destierro may be imposed when
it is the penalty next lower and the circumstances
require the imposition of a penalty one degree lower.
 Arresto mayor – Max penalty prescribed by law
 Med
 Min one degree lower
 Destierro – Max
 Med two degrees lower
 Min
 Article 72 Preference in the payment of the civil
liabilities. - The civil liabilities of a person found guilty
of two or more offenses shall be satisfied by following
the chronological order of the dates of the judgments
rendered against him, beginning with the first in order
of time.
 → based on dates of final judgments

Section Three. - Provisions common in the last
two preceding sections
 Article 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.
 → Accessory penalties are deemed imposed

 →Subsidiary imprisonment, not an accessory penalty
 Article 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.

Illustration:
 When a given penalty has to be raised by one or two
degrees and the resulting penalty is death according to
the scale, but is not specifically provided by law as a
penalty, the latter cannot be imposed. The given
penalty (reclusion temporal) and the accessory
penalties on death when not executed by reason of
commutation or pardon (Art. 40) shall be imposed.

 Article 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.
Illustration – reducing fine by one or
two degrees:
 Suppose the fine is from P200 to P2000. To find each
degree is to take ¼ of P2,000 or P500. The minimum of
P200 is not changed. For each degree, take P500 from the
maximum of the next higher degree.
 Therefore,
 One degree lower would be P200 as minimum to P1,500 as
maximum.
 Two degrees lower would be P200 as minimum to P1,000 as
maximum.
 →this penalty is taken from the prescribed penalty of the
consummated felony
 → frustrated- P1500; attempted-P1,000
Illustration – increasing fine by one
degree:
 Supposed the prescribed fine of a crime is not less than
P200 and not more thanP6,000. ¼ of the maximum of
P6,000 is P1,500. The fine immediately higher in degree in
accordance with this article will be from P200 to P7,500.
 → take note that the minimum is not change – “without

changing the minimum.”
 → When minimum is not fixed by law – the determination
of the amount to be imposed is left to the sound discretion
of the courts, without exceeding the maximum authorized
by law (People v. Quinto, 60 Phil 351)
Distinctions between fine with a minimum
and fine without a minimum:
 1. In both, the law fixes the maximum of the fine.
 2. When the law fixes the minimum of the fine, the court
cannot change that minimum; whereas, when the law does
not state the minimum of the fine but only the maximum,
the court can impose any amount not exceeding such
maximum.
 3. When the law fixes both the minimum and the
maximum, the court can impose an amount higher than
the minimum; whereas, when only the maximum is fixed,
it cannot impose an amount higher than the maximum.
Illustration-As to “fines that do not consist of a
fixed amount, but are made proportional.”
 Examples:
 When the negligent act resulted in damage to property
of another, the fine shall be from an amount equal to the
value of the damage to three times such value, but shall
in no case be less than 25 pesos (Art. 365, par.3)
 In the crime of direct bribery (Art. 210) involving a bribe
of P2,300, the maximum fine is P6,900 (three times the
value of the gift), and that amount (6,900) should be the
basis for lowering the penalty by two degrees, which is
the penalty for attempted bribery. (De los Angeles v.
People, 103 Phil 295)
 Article 76. Legal period of duration of divisible
penalties. - The legal period of duration of divisible
penalties shall be considered as divided into three
parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in
the following table:
 → as to computation, refer to previous presentation on
the penalty of prision mayor, follow the same process
 → When the penalty is composed of three periods
corresponding to different divisible penalties—
duration remain as is
Time included Time included Time included Time included
Penalties in the penalty in its in its medium in its
in its entirety minimum period maximum
period period
Reclusion 12 yrs and 1 day 12 yrs and 1 day 14 yrs, 8 months 17 years, 4
temporal to 20 yrs to 14 yrs and 8 and 1 day to 17 months and 1
months years and 4 day to 20 yrs.
months
Prision mayor, 6 years and 1 6 years and 1 8 years and 1 10 years and 1
absolute
disqualification and
day to 12 years day to 8 years day to 10 years day to 12 years.
special temporary
disqualification
Prision 6 months and 1 6 months and 1 2 years, 4 mos 4 yrs, 2 months
correccional, day to 6 years day to 2 years and 1 day to 4 and 1 day to 6
suspension and and 4 months yrs and 2 mos years
destierro
Arresto mayor 1 month and 1 1 to 2 months 2 months and 1 4 months and 1
day to 6 day to 4 months day to 6
months months
Arresto menor 1 to 30 days 1 to 10 days 11 to 20 days 21 to 30 days
 Article 77. When the penalty is a complex one
composed of three distinct penalties. - In cases in
which the law prescribes a penalty composed of three
distinct penalties, each one shall form a period; the
lightest of them shall be the minimum the next the
medium, and the most severe the maximum period.
 Whenever the penalty prescribed does not have one of
the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the
prescribed rules.
What is a complex penalty?
 It is a penalty prescribed by law composed of three
distinct penalties, each forming a period; the lightest
of them shall be the minimum, the next the medium
and the most severe the maximum period.
 Example:
 Reclusion temporal to death
 Maximum - death
 Medium - reclusion perpetua
 Minimum - reclusion temporal

Application by analogy of the rules:
 Examples:
 1. Art. 114, par 3, provides a penalty of prision mayor to death. The
penalty is composed of four distinct penalties, namely, prision
mayor, reclusion temporal, reclusion perpetua and death.
 The maximum period must be death, it being indivisible; the medium
period must be reclusion perpetua, it being also indivisible; and the
minimum period must be composed of prision mayor and reclusion
temporal.
 Art. 294, par. 2, provides a penalty of reclusion temporal in its
medium to reclusion perpetua. The penalty is composed of two
distinct penalties.
 The maximum is reclusion perpetua, it being indivisible; the medium is
reclusion temporal in its maximum period; and the minimum is
reclusion temporal in its medium period.
Chapter Five
EXECUTION AND SERVICE OF PENALTIES

Section One. - General Provisions
 Article 78. When and how a penalty is to be executed. - No penalty
shall be executed except by virtue of a final judgment.
 A penalty shall not be executed in any other form than that prescribed
by law, nor with any other circumstances or incidents than those
expressly authorized thereby.
 In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its performance, and
other incidents connected therewith, the relations of the convicts
among themselves and other persons, the relief which they may
receive, and their diet.
 The regulations shall make provision for the separation of the sexes in
different institutions, or at least into different departments and also for
the correction and reform of the convicts.
 → subsidiary imprisonment as expressly specified in the judgment.
 Article 79. Suspension of the execution and service of the
penalties in case of insanity. - When a convict shall become
insane or an imbecile after final sentence has been
pronounced, the execution of said sentence shall be
suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance
number 1 of Article 12 being observed in the corresponding
cases.
 If at any time the convict shall recover his reason, his
sentence shall be executed, unless the penalty shall have
prescribed in accordance with the provisions of this Code.
 The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while the
convict is serving his sentence.
Rules regarding execution and service of
penalties in case of insanity:
 1. When a convict becomes insane or imbecile after final
sentence has been pronounced, the execution of said
sentence is suspended only as regards the personal
penalty.
 2. If he recovers his reason, his sentence shall be executed,
unless the penalty has prescribed.
 3. Even if while serving his sentence, the convict becomes
insane or imbecile, the above provisions shall be observed.
 4. But the payment of his civil or pecuniary liabilities shall
not be suspended.
Refer to RA 9344
 Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of
either sex, under sixteen years of age at the date of the commission of a grave or
less grave felony, is accused thereof, the court, after hearing the evidence in the
proper proceedings, instead of pronouncing judgment of conviction, shall
suspend all further proceedings and shall commit such minor to the custody or
care of a public or private, benevolent or charitable institution, established
under the law of the care, correction or education of orphaned, homeless,
defective, and delinquent children, or to the custody or care of any other
responsible person in any other place subject to visitation and supervision by
the Director of Public Welfare or any of his agents or representatives, if there be
any, or otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed hereinbelow until
such minor shall have reached his majority age or for such less period as the
court may deem proper.
 The court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of kin, in order to
avoid his commitment to any private institution not under the control and
supervision of the religious sect or denomination to which they belong.

 The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public schools
or his representatives, or the person to whose custody or care the
minor has been committed, shall submit to the court every four
months and as often as required in special cases, a written report
on the good or bad conduct of said minor and the moral and
intellectual progress made by him.
 The suspension of the proceedings against a minor may be
extended or shortened by the court on the recommendation of
the Director of Public Welfare or his authorized representative or
agents, or the superintendent of public schools or his
representatives, according as to whether the conduct of such
minor has been good or not and whether he has complied with
the conditions imposed upon him, or not. The provisions of the
first paragraph of this article shall not, however, be affected by
those contained herein.
 If the minor has been committed to the custody or care of
any of the institutions mentioned in the first paragraph of
this article, with the approval of the Director of Public
Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such
minor may be allowed to stay elsewhere under the care of a
responsible person.
 If the minor has behaved properly and has complied with
the conditions imposed upon him during his confinement,
in accordance with the provisions of this article, he shall be
returned to the court in order that the same may order his
final release.
 In case the minor fails to behave properly or to comply
with the regulations of the institution to which he has
been committed or with the conditions imposed upon
him when he was committed to the care of a
responsible person, or in case he should be found
incorrigible or his continued stay in such institution
should be inadvisable, he shall be returned to the
court in order that the same may render the judgment
corresponding to the crime committed by him.

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

Pertinent Provisions of RA 9344 as amended in relation to Art. 80
 → A child 15 years of age or under at the time of the commission

of the offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program pursuant
to Section 20 of this Act.
 →A child above 15 but below 18 years of age shall likewise be
exempt from criminal liability and be subjected to an
intervention program, unless she/he acted with discernment, in
which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
 →The exemption from criminal liability herein established does
not include exemption from civil liability, which shall be
enforced in accordance with existing laws.
 → a child is 15 years old on the very day of his birthday (RA
10630)
What is intervention?
refers to a series of activities which are designed to

address issues that caused the child to commit an
offense. It may take the form of an individualized
treatment program which may include counseling,
skills training, education and other activities that will
enhance his/her psychological, emotional and psycho-
social well-being.

 What is diversion?
 Refers to an alternative, child-appropriate process of

determining the responsibility and treatment of a child
in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational
background without resorting to formal court
proceedings.
 → below 6 years prior to filing- filing in court is the last
resort
 →above 6 years below 12 – with the approval of the court
 →no diversion for 12 years and over
Section Two. - Execution of principal penalties.
 Article 81. When and how the death penalty is to be
executed. - The death sentence shall be executed with
reference to any other and shall consist in putting the
person under sentence to death by lethal injection.
The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far
as possible to mitigate the sufferings of the person
under sentence during lethal injection as well as
during the proceedings prior to the execution.

 The Director of the Bureau of Correction shall take
steps to ensure that the lethal injection to be
administered is sufficient to cause the instantaneous
death of the convict.
 Pursuant to this, all personnel involved in the
administration of lethal injection shall be trained prior
to the performance of such task.
 The authorized physician of the Bureau of Corrections
after thorough examination, shall officially make a
pronouncement of the convict’s death and shall certify
thereto in the records of the Bureau of Corrections.
 The death sentence shall be carried out not earlier
than one (1) year nor later than eighteen (18) months
after the judgment has become final and executory
without prejudice to the exercise by the President of
his executive clemency powers at all times.
 → RA 9346, imposition of death penalty has been

suspended, thus Art. 81 to 85 of the RPC has no
application for now.

 Article 82. Notification and execution of the sentence and
assistance to the culprit. - The court shall designate a working
day for the execution but not the hour thereof; and such
designation shall not be communicated to the offender before
sunrise of said day, and the execution shall not take place until
after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, in so far as
possible, be furnished such assistance as he may request in order
to be attended in his last moments by priests or ministers of the
religion he professes and to consult lawyers, as well as in order to
make a will and confer with members of his family or persons in
charge of the management of his business, of the administration
of his property, or of the care of his descendants.
 Article 83. Suspension of the execution of the death
sentence. - The death sentence shall not be inflicted
upon a woman within the one year after delivery next
following the date of the sentence nor upon any person
over seventy years of age. In this last case, the death
sentence shall be commuted to the penalty of
reclusion perpetua with the accessory penalties
provided in Article 40.

 Death sentence shall be suspended when the accused is→
 1. Woman, while pregnant.
 2. Woman, within one year after delivery.
 3. Person over 70 years of age – possible commutation
 4. Convict who becomes insane after final sentence of death
has been pronounced.
 COMPARE with Art. 47 – death penalty is not to be imposed.
 1. When the guilty is over 70 years old
 2. When upon appeal or automatic review by the SC, the
required majority vote is not obtained.
 3. When convict is a CICL
 Article 84. Place of execution and persons who may
witness the same. - The execution shall take place in
the penitentiary of Bilibid in a space closed to the
public view and shall be witnessed only by the priests
assisting the offender and by his lawyers, and by his
relatives, not exceeding six, if he so request, by the
physician and the necessary personnel of the penal
establishment, and by such persons as the Director of
Prisons may authorize.

 Article 85. Provisions relative to the corpse of the person
executed and its burial. - Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to
the institute of learning or scientific research first applying
for it, for the purpose of study and investigation, provided
that such institute shall take charge of the decent burial of
the remains. Otherwise, the Director of Prisons shall order
the burial of the body of the culprit at government expense,
granting permission to be present thereat to the members
of the family of the culprit and the friends of the latter. In
no case shall the burial of the body of a person sentenced
to death be held with pomp.
 Article 86. Reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and arresto
mayor. - The penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional
and arresto mayor, shall be executed and served in the
places and penal establishments provided by the
Administrative Code in force or which may be
provided by law in the future.

 Article 87. Destierro. - Any person sentenced to
destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the
radius therein specified, which shall be not more than
250 and not less than 25 kilometers from the place
designated.

X
Not more than
250 & not less
than 25 km
Illustration:
 A was sentenced to the penalty of destierro, according
to which he should not enter the place within the
radius of 25 kilometers from the City Hall of Manila,
for a period of two years, four months and one day.
 → A was not completely deprived of his liberty, as he
could go freely to whatever place except within the
radius of 25 km from the City Hall of Manila.
 → entering the prohibited area constitutes evasion of
service of sentence.

 Destierro is imposed:
 1. When death or serious physical injuries is caused or are
inflicted under exceptional circumstances (Art. 247)
 2. When a person fails to give bond for good behavior (Art.
284)
 3. As a penalty for the concubine in the crime of
concubinage (Art. 334)
 4. When after lowering the penalty by degrees, destierro is
the proper penalty.

 Article 88. Arresto menor. - The penalty of arresto
menor shall be served in the municipal jail, or in the house
of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its
decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to
it.
 → When the court so provides in its decision, where house
arrest may be allowed.
 → on health reasons of the convict or other reasons
satisfactory to the court.

END OF TITLE
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TITLE THREE

 THEORIES JUSTIFYING PENALTY

Prepared by: Prof. Jadraque

 → no person shall be subject to criminal prosecution

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 → The jurisdiction of a court to try a criminal action is

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 → Felonies are punishable under the laws in force at

 → But the penalty prescribed by a law enacted after

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 → because they are not imposed as a result of judicial

 Perpetual or temporary absolute disqualification,

 → a sentence of “five years in Bilibid”

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 According to their divisibility:

 1. Divisible – are penalties that have fixed duration and

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 → as to classification of felony – Light (Art. 9)

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DURATION AND EFFECTS OF PENALTIES

 Reclusion temporal. - The penalty of reclusion

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 Arresto menor. - The duration of the penalty of arresto

 The accused undergoes preventive imprisonment

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 Article 30. Effects of the penalties of perpetual or

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 → yes, if mortis causa or through testamentary

 → compare with amnesty

 → Pardon granted in general terms does not include

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 → the judgment of conviction must impose subsidiary

 → Hence, it would seem that the convict, who has

Prepared by: Prof. Jadraque

 P200,000 – amount of fine

 A was charged and convicted for Falsification by a public

 → the penalty to be imposed must be (1) prision correccional,

 1. When the penalty imposed is higher than prision

Prepared by: Prof. Jadraque

 Article 40. Death; Its accessory penalties. - The death

 → accessory penalty are deemed imposed

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 Article 42. Prision mayor; Its accessory penalties. -

Prepared by: Prof. Jadraque

 Article 43. Prision correccional; Its accessory