CHAPTER 4. SEC.

3
ART. 73-77
Reporter: BEVELYN C. CARAMOAN
JD1- CRIMLAW 1
Professor: PROS. MERLY CHAN
Art. 73. Presumption in regard to the
imposition of accessory penalties.

• Whenever the courts shall impose a penalty which by provision of law, carries
with it other penalties, according to the provisions of Articles 40- 45 (penalties
in which other accessory penalties are inherent) of this Code, it must be
understood that the accessory penalties are also imposed upon the convict.

Art. 40 Death (Its accessory penalties)

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
30 years following the date of service, unless expressly remitted in the pardon.
Death Penalty as abolished by RA 9346 is
automatically commuted to reclusion perpetual.

• Reason: Barbarous, cruel, and unusual punishment which belongs

to the by gone era and it not applicable in this enlightened age.

Example:
A as Principal is sentenced to serve 30-40 years imprisonment.
B as Accessory is penalized by perpetual absolute disqualification
and civil interdiction.
Art. 41. Reclusion Perpetua and Reclusion
Temporal

• Loses his parental and marital authority, guardianship over the person and
properties of his ward and the right to manage his properties or to dispose of
his properties by any act or conveyance inter vivos. (civil interdiction)
• Loses his office even if the same is conferred by popular election, the right to
exercise his profession or calling, the right to exercise his right of suffrage and
even his retirement and other benefits.
(perpetual absolute disqualification)

Note: Even if being rendered of pardon unless EXPRESSED that accessory must
not be included.
Art. 42. Prision Mayor

• Temporary absolute disqualification

( its duration is co- terminus with the principal penalty)

• Perpetual special disqualification from the right to

suffrage
(unless disqualification is expressly remitted in the
pardon, he is perpetually barred from running for
public office and to vote).
Art. 43. Prision Correctional

• Suspension from public office, from the right to follow a

profession or calling

• Perpetual special disqualification from the right of suffrage, if

the duration of imprisonment shall exceed 18 mos.

Unless pardoned as to the principal penalty, the same is

remitted in the pardon.
Art. 44. Arresto.

• Suspension of the right to hold office.

• The right of suffrage during the term

of the sentence

Note: Only for the term of the

snetence
Art. 45. Confiscation and forfeiture of
the proceeds or instruments of the crime.

• 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.
UNLESS

• a Solicitor General suggested that the decision

be modified to show expressly that appellants
were also sentenced to the accessory penalties
provided by law.
Subsidiary imprisonment, not an accessory
penalty

Judgement of the conviction must EXPRESSLY state that the

offender shall suffer the subsidiary imprisonment in case of
insolvency.
(People vs. Fajardo, 65 Phil 539, 542)
Art. 74. Penalty higher than reclusion
perpetua in certain cases.

• In cases in which the law prescribes a penalty higher

than another given penalty, without specifically
designating the name of the former, if such higher
penalty should be that of death, the same penalty and
the accesoory penalties of Art. 40 shall be considered as
the next higher penalty.
Example:

• A, an employee of Bureau of Posts, Registry Section, stole a registered

package of diamond worth Php 250,000.00.
• Penalty of simple theft is reclusion temporal. (Art. 309)
• The property stolen being mail matter, the crime is qualified theft
• And shall be punished by the penalties next higher by two degrees. (Art.
310)

Art. 71. In cases in which the law prescribes a penalty higher by one or more
degrees than another given penalty, two degrees higher than reclusion
temporal would be death, as per scale no.1.
In application of Art.74

• When a given penalty is 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.

• Art. 40 applies for the accessory penalties of death.

Art. 75. Increasing or reducing the penalty of
fine by one or more degrees.

• Whenever it may be necessary to increase or reduce the penalty of

fine by one or more degrees, it shall be increased or reduced ,
respectively for each degree, by one-fourth of the maximum amount
prescribed by law, without however changing the minimum.

• The same rules shall be observed with regards to fines that do not
consist of a fixed amount, but are made proportional.
Fines are graduated into degrees and stages;

Principals Accomplices Accessories

Frustrated Attempted
Example:

In reducing the penalty of fine by one or more degrees, the basis for
the reduction of the 1st and the 2nd degree must necessarily be the
penalty prescribed by law for the consummated felony. Thus, where
the maximum fine fixed for the consummated offense is not more
than Php 2,000.00- ¼= Php1,500.00
Reducing it further by one degree, the basis is still the 2k not 1,500.
So that, the maximum fine as reduced is Php 1,000.00
Without changing the minimum

• If the fine is from is Php 20,000.00 to Php

200,000.00, each degree is ¼ of Php 200,000.00.
The minimum is Php 20,000.00.

Thus, it is not changed.

Example:

• A, a 15- year old minor committed acts with a penalty of prision

correctional or a fine of Php 200.00 to Php 2,000.00 or both.

• In application of Art. 68 as a minor given one degree lower of a

penalty.
• Arresto Mayor or a fine of 200.00 to 1,500.00.

Art. 75 provides that it cannot change the minimum of Php 200.00

even if the offender is a poor man.
Note:

• In determination of amount of reduced fine, a distinction should

be made between cases where the minimum of the fine is fixed by
law and those where the minimum is not fixed by law.

Fixed Minimum and Maximum of Fines (Arts.143, 144, 150)

Not fixed (Arts. 114, 115 and 129)
When the minimum is not fixed by law

• The determination is by the sound

discretion of the courts without exceeding
the minimum authorized by law.
Distinction between;

FINE WITH A MINIMUM FINE WITHOUT A MINIMUM

• Fixes the maximum of the • Fixes the maximum of the
fine. fine.

• When the law fixes the • Unstated minimum, only

minimum, it cannot be maximum is determined, the
changed. court can impose any amount
not exceeding the maximum.
Distinction between;

LAW FIXES BOTH THE MINIMUM

AND MAXIMUM ONLY THE MAXIMUM IS FIXED

The court can impose an amount The court cannot impose an

higher than the maximum. amount higher than the
maximum.
As to fines that do not consist of a fixed
amount, but are made proportional.
(Art. 36 par. 3)
• When in negligence, an 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, but shall in no case be
less than 25 pesos.
Figure:
• In the crime of bribery (Art. 210)
A bribe of 2,300.00
Maximum fine = 6,900.00
Take ¼= 1,725.00 = 5,175.00
¼ of the maximum= 3,450.00
The court may fix any amount of the fine
from 2,300 to 3,450
Art. 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 3 periods;

• Minimum
• Medium
• Maximum
Art. 76. Legal period of duration
of divisible penalties.
Art. 76. Legal period of duration
of divisible penalties.

• Reclusion Perpetua
Duration:
• Minimum: 12 years and 1 day
• Maximum: 20 years

Subtract the minimum (disregarding the 1 day from te maximum)

20 years- 12 years= 8 years
Art. 76. Legal period of duration
of divisible penalties.

• Reclusion Perpetua
Divide the difference by 3:
8 years/3= 2 years and 8 months

Subtract the minimum (disregarding the 1 day from te

maximum)
20 years- 12 years= 8 years

Use the minimum of 12 years and 1 day of reclusion temporal as the minimum of the minimum period.
Then add 2 years and 8 months to the minimum (disregarding 1 day) , thus, 14 years and 8 mos as the
maximum of the minimum period.
Art. 76. Legal period of duration
of divisible penalties.

• Reclusion Perpetua
Use the minimum of 12 years and 1 day of reclusion temporal as
the minimum of the minimum period. Then add 2 years and 8
months to the minimum (disregarding 1 day) , thus, 14 years and 8
mos as the maximum of the minimum period.
12 years + 2 years and 8 mos= 14 years and 8 mos.
Range of the minimum period
12 years and 1 day to 14 years and 8 months.
Art. 76. Legal period of duration
of divisible penalties.

Medium
Use the maximum of the minimum period

Minimum: 14 years and 8 mos + 2 years and 8 months

=17 years and 4 mos.

Range of the MEDIUM PERIOD.

14 years and 8 mos to 17 years and 4 months
Art. 76. Legal period of duration
of divisible penalties.

Maximum
Use the maximum of the medium period

Minimum of maximum period.

=17 years and 4 mos. and 1 day + 2 years and 8 mos.= 20 years

Range of the MAXIMUM PERIOD.

17 years and 4 mos to 20 years.
EXCEPTIONS:

Art. 64 When the prescribed penalty does not have 3 periods.

Art 25 Any prescribed penalties enumerated therein, except

arresto mayor, are the 3 equal portions of the divisible penalty.

Note: The penalty composed of several periods corresponding the

different divisible penalties cannot be the exception.

Why? There is no practical or legal basis for such exception.

EXCEPTIONS:

The division of Arresto Mayor into 3 equal periods does not follow
the rule.

Minimum: 1 month and 1 day to 2 mos.

Medium: 2 mos and 1 day to 4 mos.
Maximum: 4 months and 1 day to 6 mos.
Period vs. Degree

Period. Each of the 3 equal parts of a

divisible penalty.

Degree. Are the diverse penalties

mentioned by name in RPC.
Art.77. When the penalty is a complex
one 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 severe the maximum
period.

Whenever the penalty prescribes does not have one of the forms
specially provided for in this Code, the periods shall be
distributed, applying by analogy the prescribed rules.