Professional Documents
Culture Documents
60
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Application of Article 50 to 57
Notes:
Art 50-57 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.
Degree – one whole penalty, one entire penalty or one unit of the penalties enumerated in the
graduated scales provided for in Art 71
Degree Period
The rules provided in Arts. 53, 55 and 57 do not apply if the felony is light because accessories
are not liable for the same
Bases for imposition of the penalty under the RPC
1. Stage of the commission of the crime
2. Participation of the persons liable
3. Presence of aggravating or mitigating circumstances
Art. 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 is limited only to grave and less grave felonies since it is not possible to have accessories
liable for light felonies. It is further limited to those whose participation in the crime is
characterized by the misuse of public office or authority.
Example: Juan fired a revolver at Pedro at the distance of 2 kilometers. This shoes stupidity
rather than danger. Juan should not be punished as there is no social danger nor degree of
criminality.
Art. 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.
2 cases wherein the accomplice is punished w/ the same penalty imposed upon the principal
a) ascendants, guardians, curators, teachers and any person who by abuse of authority or
confidential relationship shall cooperate as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors, white slave trade or abduction.
b) one who furnished the place for the perpetration of the crime of slight illegal detention.
Accessory punished as principal: Art 142 – punishes an accessory for knowingly concealed
certain evil practices.
Cases when instead of a penalty 2 degrees lower, one degree for accessory:
a) knowingly using counterfeited seal or forged signature or stamp of the President