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Application and Computation of Penalties

Articles 50 to 57

Diagram of the application of


Articles 50 to 57
Consummated
Principals Accomplices Accessory

Frustrated

Attempted

0 1 2

1 2 3

2 3 4

Bases for imposition of the penalty under the RPC


Stage of the commission of the crime Participation of the persons liable Presence of aggravating or mitigating circumstances

Distinctions between Degree and Period


Degree
Refers to the penalty imposable for a felony committed considering the stages of execution and the degree of participation of the offender May refer to both divisible and indivisible penalties

Period

Refers to the duration of the penalty consisting of the maximum, medium, and minimum, after considering the presence or absence of aggravating circumstances Refers only to divisible penalties

Note that
Articles 50 to 57
not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. (Article 60)

Degree
one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Article 71.

Period
one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the Code as a penalty for a felony, is in itself a degree.

Note also
That when
there is mitigating or aggravating circumstance, the penalty is lowered or increased by period only.

Except
when the penalty is divisible and there are two or more mitigating and without aggravating circumstances, in which case the penalty is lowered by degree.

Rules in lowering the penalty by one or two degrees


For the principal in frustrated felony one degree lower.
Consummated Frustrated Attempted

For the principal in attempted felony two degrees lower.

Principal Accomplice

For the accomplice in consummated felony one degree lower.

Accessory

0 1 2

1 2 3

2 3 4

For the accessory in consummated felony two degrees lower.

Graduated Scale
Article 71

Indivisible

1. Death
2. Reclusion perpetua 3. Reculusion temporal 4. Prision mayor 5. Prision correccional 6. Arresto mayor 7. Destierro 8. Arresto menor 9. Public censure 10. Fine

Divisible

A is convicted of attempted homicide for having shot B with intent to kill the latter, but without inflicting a mortal wound. The penalty for consummated homicide is reclusion temporal. The penalty lower by one or more degrees as indicated in the scale. Penalty to be imposed is that penalty lower by two degrees than reclusion temporal, which is prision correccional.

Consummated

Frustrated

Attempted

Principal Accomplice Accessory

0 1 2

1 2 3

2 3 4

Indivisible

1. Death 2. Reclusion perpetua

Penalty for consummated homicide would be?


Reclusion temporal

Penalty for accomplice?


Prision mayor

Divisible

Penalty for accessory?


Prision correccional

3. Reclusion temporal 4. Prision mayor 5. Prision correccional 6. Arresto mayor 7. Destierro 8. Arresto menor 9. Public censure 10. Fine

Fin