ART 71.

GRADUATED SCALES
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
INDISPENSABLE MEANS EXAMPLE
Sample case
Aljun envied Pahm because of his looks and skills. He was everyone’s favorite and love to mingle with friends and
comrades. He is a boy next door who has lots of friends, both male and female. Aljun who is also good looking
was not so happy with the situation. One day, while Pahm was sleeping in the balcony of their home, Aljun pass
by. Seeing the situation, he went back to their home and got something. When he came back, Aljun threw a hand
grenade into the balcony of Pahms house which exploded a few seconds after hitting the floor. Pahm died as a
result.
CRIME COMMITTED:
1. Murder
2. Crimes involving destruction under Art. 324. Any person who shall cause destruction by means of
explosion, shall be punished by reclusion temporal if the commission had endangered the safety of any
person.
Does this mean there will be two crimes committed? Murder and Crimes involving destruction?
No, because the use of explosion is an indispensable means to commit murder. It is an essential ingredient in the
crime of murder. Therefore, it will not be treated separately, there will be no other crime involving destruction
because it is already absorbed by the crime of murder.
Necessary means, the crime you committed was done in order to facilitate the commission of another crime, it
help you facilitate the crime easier or helped you commit the crime that you want to commit.
Example case.
Rochelle was abducted by Soohong Jongkey and was carried in a secluded place. Upon arriving in the said place,
Soohong Jongkeyraped Rochelle.
COMPLEX CRIME THROUGH ABDUCTION

Abduction is a necessary means to commit rape in this case, he can still commit rape without abduction. But
because of abduction his commission of the crime of rape becomes easier. So it is a necessary means of
committing rape.