CRIMINAL LAW I

REVIEWER ON PENALTIES

Art. 48. Penalty for complex crimes. — 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.

Art. 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.
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.
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.

(50-57)
Consummated Frustrated Attempted
LOWERING PENALTIES

Principles 0 1 2

Accomplices 1 2 3

Accessories 2 3 4

Art. 60. EXCEPTION: Provisions under 50 to 57 shall not be applicable when the law expressly prescribes the penalty provided for a frustrated or
attempted felony, or to be imposed upon accomplices or accessories.

(25) CLASSES
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
Common to 3 preceding:
▪ Fine
▪ 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
PENALTY SCALES
(70) SEVERITY
Successive service of sentence,
(when nature of penalties does
not permit simultaneous service)
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
12. Public censure
Max. duration of 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 40
years.
CRIMINAL LAW I
INHERENT ACCESSORY PENALTIES
(71) GRADUATING (40-44)
In the case in which the law prescribed 1. Death — when it is not executed by reason
a penalty lower or higher by one or of commutation or pardon: perpetual absolute
more degrees than another given disqualification, and civil interdiction during 30
penalty, the rules prescribed in Article years following the date sentence, unless
61 shall be observed in graduating expressly remitted in the pardon
such penalty.
2. Reclusion perpetua & reclusion temporal
SCALE NO. 1 — civil interdiction for life or during the period
1. Death of the sentence, and perpetual absolute
2. Reclusion perpetua disqualification which the offender shall suffer
3. Reclusion temporal even though pardoned as to the principal
4. Prision mayor penalty, unless expressly remitted in the
5. Prision correccional pardon
6. Arresto mayor
7. Destierro 3. Prision mayor — temporary absolute
8. Arresto menor disqualification, and perpetual special
9. Public censure disqualification from the right of suffrage
10. Fine which the offender shall suffer although
pardoned as to the principal penalty, unless
SCALE NO. 2 expressly remitted in the pardon.
1. Perpetual absolute disqualification
2. Temporal absolute disqualification 4. Prision correccional — suspension from
3. Suspension from public office, the public office, from the right to follow a
right to vote and be profession or calling, and perpetual special
voted for, the right to follow a disqualification from the right of suffrage, if
profession or calling the duration of said imprisonment shall
4. Public censure exceed 18 months, although pardoned as to
5. Fine the principal penalty, unless expressly
remitted in the pardon.
5. Arresto — suspension of the right too hold
office and the right of suffrage during the term
of the sentence
 GRADUATING PENALTIES CRIMINAL LAW I
(71) SCALE (76) PERIODS DURATIONS (61) RULES RELATING TO ART. 50-57 (62) RULES - AG/MI/HD (63-64) RULES CONT.
Death 1. When SINGLE & INDIVISIBLE, the penalty 1-2. AGGRAVATING INHERENT TWO INDIVISIBLES:
next lower in degrees shall be that shall not be taken into account 1. 1 AG  greater
immediately following the penalty for the purpose of increasing 2. NEITHER A/M  lesser
(27) Pardoned after 30 2. When composed of 2 INDIVISIBLES, or 1 the penalty 3. MI + NO AG  lesser
Reclusion years unless considered or more DIVISIBLE to be imposed to their 3. AGGRAVATING/MITIGATING 4. BOTH AG and MI  the
Perpetua by the President as
full extent, the penalty next lower in degree arising from the moral court may offset one another
unworthy of such.
shall be that immediately following the attributes of offender, or in consideration of their
lesser of the penalties relations with the offended number and importance
max 17y, 4m & 1d – 20y 3. When composed of 1 or 2 INDIVISIBLES party, or any other personal FOR DIVISIBLE:
Reclusion and the MAX. PERIOD OF ANOTHER cause, shall only serve to 1. NEITHER A/M - penalty
med 14y, 8m & 1d – 17y, 4m
Temporal DIVISIBLE, the penalty next lower in degree aggravate or mitigate the prescribed in its med
min 12y & 1d – 14y, 8m shall be composed of the medium and liability of that principal, 2. ONLY MI - penalty in its min
max 10y & 1d – 12y minimum periods of the proper divisible accomplice or accessory 3. ONLY AG - penalty in its
Prision penalty and the maximum periods of the 4. The circumstances which max
med 8y & 1d – 10y
proper divisible penalty and the maximum consist in the material 4. BOTH A/M - court shall
Mayor
min 6y & 1d – 8y period of that immediately following execution of the act, or in the reasonably offset those of
4. When composed of SEVERAL PERIODS, means employed to accomplish one class against the other
max 4y, 2m & 1d – 6y
Prision corresponding to DIFFERENT DIVISIBLES, it, shall serve to aggravate or 5. 2+ MI and NO AG - degree
med 2y, 4m & 1d – 4y, 2m the penalty next lower in degree shall be mitigate the liability of those next lower, in the period that
Correccional
min 6m & 1d – 2y, 4m composed of the period immediately persons only who had it may deem applicable,
following the minimum prescribed and of knowledge of them at the time accdg. to the number and
max 4m & 1d – 6m
the two following, which shall be taken of the execution of the act or nature of such circumstances.
Arresto
med 2m & 1d – 4m from the penalty prescribed, if possible; their cooperation therein. 6. AG  courts shall not
Mayor
min 1-2 months otherwise from the penalty immediately 5. HABITUAL DELINQUENCY impose a greater penalty than
following (a) 3rd conviction: for the last that prescribed by law
max 4y, 2m & 1d – 6y 5. When the law prescribes a penalty for a crime found guilty and prision 7. Within limits of each
Destierro med 2y, 4m & 1d – 4y, 2m crime in some manner not especially correccional in its med & max. period, the court shall
provided for in the four preceding rules, the (b) 4th conviction: for the last determine the extent of the
min 6m & 1d – 2y, 4m
courts, proceeding by analogy, shall impose crime found guilty and prision penalty according to the
max 21-30 days corresponding penalties upon those guilty mayor in its min & med number and nature of the
as principals of the frustrated felony, or of (c) 5th conviction: for the last aggravating and mitigating
Arresto attempt to commit the same, and upon crime found guilty and to circumstances and the
med 11-20 days accomplices and accessories. prision mayor in its max to greater and lesser extent of
Menor
reclusion temporal in its min the evil produced by the
Min 1-10 days
*Total of the 2 penalties shall in crime.
no case exceed 30 years.

(27) DURATION (30-35) EFFECTS
Reclusion Temporal: 12 1. PAD/TAD for public
years and 1 day to 20 officials: deprivation of
years. public offices; right to vote
Prision mayor & temp. or be elected,
disqualification for offices &
disqualification: 6 years
rights mentioned, and loss
and 1 day to 12 years,
except when the latter is of right to retirement pay or
imposed as an accessory pension from office
2. PSD/TSD for public
penalty
office, profession, calling:
Prision correccional,
deprivation from such, and
suspension, & destierro:
disqualification from
6 months and 1 day to 6 holding similar office
years, except when 3. PSD/TSD for suffrage:
suspension is imposed deprivation of right to vote
as an accessory penalty or be elected, and cannot
Arresto mayor: 1 month hold any public office
and 1 day to 6 months. during period of
Arresto menor: 1 day to
disqualification
30 days. 4. Suspension (o/p/c):
Bond to keep the peace: disqualification from office
period up to the court’s or profession, and if public
discretion office, from similar office
5. Civil Interdiction:
deprivation of parental and
marital authority, and
deprivation of right to
manage/dispose property
6. Bond to Keep Peace:
present 2 sureties to not
commit offense, and if
committed, payment of
amount determined by
court in the judgement, or
deposit such in the office of
the clerk of the court
PENALTIES CONTINUATION
(28) COMPUTATION
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 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.
(29) PREVENTIVE
General Rule:
Offenders who have
undergone preventive
imprisonment shall be
credited in the service of
their sentence consisting
of deprivation of liberty,
with full time they
underwent such, if the
prisoner agrees
voluntarily in writing to
abide by disciplinary rules
(if he doesn’t, only 4/5
counted)
Exceptions:
1. Recidivists or have
been convicted previously
twice or more times of
any crime
2. When upon being
summoned for the
execution of their
sentence they have failed
to surrender voluntarily.
CRIMINAL LAW I
(58) ADDITIONAL TO (59) IMPOSSIBLE
ACCESSORIES CRIME
Those accessories When the person
falling within the terms intending to commit
of paragraph 3 of an offense has already
Article 19 who should performed the acts for
act with abuse of their the execution of the
public functions, shall same but nevertheless
suffer the additional the crime was not
penalty of PAD if the produced by reason of
principal offender shall the fact that the act
be guilty of a grave intended was an
felony, and that of TAD impossible crime, the
if he shall be guilty of a court, having in mind
less grave felony. the social danger and
degree of criminality
Art. 19, par. 3: shown by the
Harboring, concealing, offender, shall impose
or assisting in the upon him the penalty
escape of the principals of arresto mayor or a
of the crime, provided fine from 200 to 500
the accessory acts with pesos.
abuse of his public
functions or whenever
the author of the crime
is guilty of treason,
parricide, murder, or an
attempt to take the life
of the Chief Executive,
or is known to be
habitually guilty of
some other crime.