You are on page 1of 3

CRIMINAL

LAW 1 REVIEWER

SECTION 3 PROVISION COMMON TO 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 Article 40, 41, 42, 43,
44, and 45 of this Code, it must be understood that the accessory
penalties are also imposed upon the convict.

POINTS

I. Accessory Penalties Are Deemed Imposed
Means that a judgment need not make an express
pronouncement of the imposition of accessory penalties.

II. Subsidiary Imprisonment, Not An Accessory Penalty
Means that the judgment of conviction must expressly state
that subsidiary penalty would be imposed.

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 specifically 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.

POINTS

I. Death Cannot Be The Penalty Next Higher In Degree When Not
Provided By Law
When a given penalty has to be raised and the resulting penalty
is death, it cannot be imposed.

The given penalty and the accessory penalties of death (Article


40) shall be imposed.
Death must be specifically imposed by law.


II. Application Of This Article
What is meant to here is that the judgment should not provide
that the convict should not be given the benefit of Article 27
(that he should be pardoned after undergoing the penalty for
30 years) until 40 years have elapsed; otherwise there would be
no difference at all between reclusion perpetua when imposed
as a penalty next higher in degree and when it is imposed as
the penalty fixed by law.

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 to fines that do not
consist of a fixed amount, but are made proportional.

POINTS

I. Fines Are Graduated Into Degrees
For the accomplices and accessories
For principals in frustrated and attempted felonies

II. To Get The Lower Degree:
MAXIMUM prescribed by law reduce by 1/4 for each degree.
MINIMUM remains the same.

A. Illustration
Fine is from P200 to P2,000


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

231

CRIMINAL LAW 1 REVIEWER


To lower by one degree:


o 2,000 / 4 = 500
o 2,000 500 = 1,500


III. Without Changing The Minimum
The fine must have a minimum and a maximum fixed by law
This article does NOT apply when the law does not fix the
minimum of fine.

IV. When The Minimum Is Not Fixed By Law
When only the maximum is fixed, the determination of the
minimum is left to the sound discretion of the courts, without
exceeding the maximum authorized by law.

V. Distinctions Between Fine With A Minimum And Fine Without A
Minimum.
In both, the law fixes the maximum.
When the law fixes the minimum, the court cannot change that
minimum; when the law does not state the minimum, the court
can impose any amount not exceeding the maximum.
When the law fixes both minimum and maximum, the court can
impose an amount higher than the maximum; when only the
maximum is fixed, it cannot impose an amount higher than the
maximum.

VI. As To Fines That Do Not Consist Of A Fixed Amount, But Are
Made Proportional
This clause speaks of fines which are not of fixed amount but
are made proportional
o Example: (Article 365, negligence causing damage)
Where the fine shall be from an amount equal to the
value of the damage up to 3 times such value, but shall
in no case be less than 25 pesos.
Article 210 Direct Bribery

o
o
o

Facts: Bribe was P2,300.


Maximum: 2,300 x 3 = P6,900
P6,900 should be the basis for lowering the penalty by
two degrees (penalty for attempted bribery).


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 3 periods, the minimum, the medium and
the maximum in the manner shown in the following table.

Table 1. Duration of divisible penalties and the time included in each
period.
Penalties
Whole
Min
Med
Max
Penalty
Reclusion
12 years + 12 years + 1 14 years, 8 17 years
Temporal
1 day to
day to
months and and 4
20 years
14 years + 8 1 day to
months and
months
17 years
1 day to
and 4
20 years
months
(1) PM
6 years + 1 6 years + 1 8 years + 1 10 years + 1
(2)Ab. Disq.
day to
day to
day to
day to
(3)S. Temp.
12 years
8 years
10 years
12 years
Disq.
(1) PC,
6 months + 6 months + 2 years + 4 4 years, 2
(2)Suspension 1 day to
1 day to
months + 1 months + 1
(3) Destierro
6 years
2 years + 4 day to
day to
months.
4 years +
6 years
2mos
Arresto Mayor 1 mo. + 1
1 to 2
2 months + 4 months +
day to
months.
1 day to
1 day to
6 months
4 months.
6 months.
Arresto Menor 1 to
1 to
11 to
21 to
30 days
10 days
20 days
30 days


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

232

CRIMINAL LAW 1 REVIEWER




POINTS

I. Article 76 Shows The Manner Divisible Penalties Are Divided Into 3
Periods
Refer to Article 65 supra for the process

II. When The Penalty Is Composed Of 3 Periods Corresponding To
Different Divisible Penalties
It is clear that the duration of each of the periods of the
divisible penalties as fixed in the table is NOT controlling when
the penalty prescribed is composed of 3 periods corresponding
to different divisible penalties.
Article 76 provides that divisible penalties shall be considered
as divided into three parts, forming three periods, without
stating that the three parts must be three equal portions of
time included in the divisible penalties, but the time included in
each of the divisible penalties mentioned in the table in that
article, except that of arresto mayor, is divided into three equal
portions.

III. Distinction Between Period And Degree
Period 3 equal parts of a divisible penalty.
If you forget the periods, just follow the steps:
o Step 1: get the duration of each period
o Step 2: divide that by 3
o Step 3: add the quotient to the beginning of each
period starting with the minimum
Degree diverse penalties mentioned by name in the Revised
Penal Code.

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 3 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

POINTS

I. Complex Penalty
Penalty composed of 3 distinct penalties, each forming a
period.
Example:
o Reclusion temporal to death (Article 114)
Maximum - Death
Medium - Reclusion Perpetua
Minimum - Reclusion Temporal

II. Application By Analogy Of Rules
1. Article 114(3), provides a penalty of prision mayor to death.
a. Max death (because its indivisible)
b. Medium reclusion perpetua (because its indivisible)
c. Minimum prision mayor to reclusion temporal
2. Article 294(2), provides penalty of reclusion temporal in its
medium period to reclusion perpetua.
a. Max reclusion perpetua (being indivisible)
b. Medium reclusion temporal in its maximum period
c. Minimum reclusion temporal in its medium period.


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

233