Article 75, Revised Penal Code

Increasing or reducing the penalty of fine by one or

more degrees.
 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.
RULE: EACH DEGREE IS ONE-FOURTH OF THE GIVEN MAXIMUM FINE
WITHOUT CHANGING THE MINIMUM.

ILLUSTRATION:
IN REDUCTION:
IF THE FINE IS FROM P20,000.00 TO P200,000.00, EACH DEGREE IS ¼ OF P200,000.00 WHICH IS
P50,000.00. THE MINIMUM OF P20,000.00 IS NOT CHANGED.
ONE DEGREE LOWER WOULD BE P20,000.00 AS MINIMUM TO P150,000.00 AS MAXIMUM
(P200,000.00 LESS P50,000.00)
TWO DEGREES LOWER WOULD BE P20,000.00 AS MINIMUM TO P100,000.00 AS MAXIMUM
[P200,000.00 LESS P100,000.00 (P50,000.00 X 2)]
IN INCREASING:
ONE DEGREE HIGHER WOULD BE P20,000.00 AS MINIMUM TO P250,000.00 AS MAXIMUM
(P200,000.00 PLUS P50,000.00).
TWO DEGREES HIGHER WOULD BE P20,000.00 AS MINIMUM TO P300,000.00 AS MAXIMUM
[P200,000.00 PLUS P100,000.00 (P50,000.00 X 2)]
 Determination & Computation of Fines
 For consummated felony, the basis for the reduction of the penalty of fine by one or
more degrees must be necessarily prescribed by law.
 Thus, where the maximum fine fixed for the consummated offense is not more than
P2,000.00, the fine for the frustrated felony is determined by reducing the maximum
by one-fourth, which is P1,500.00. Reducing it further by one degree for attempted
felony, the second reduction by one-fourth should be based on the original maximum
fine of the consummated felony which is P2,000.00, not on the penalty as reduced
(P1,500.00) so that the maximum fine as reduced by two degrees would be P1,000.00.

Recap:
Consummated felony - maximum fine is fixed by law
Frustrated felony - fine is determined by reducing the maximum fine of
the consummated felony by one-fourth
Attempted felony - fine is determined by two times of reducing the
maximum fine of that consummated felony by one-fourth
 “without changing the minimum”
 Refers to the word “minimum” of the fine.
 The fine must have a minimum and a maximum fixed by law.
 Art 75 does not apply when the law does not fix the minimum of the fine.

Illustration:
A, a minor 15 years and two months old, committed acts tending to prevent the meeting of a
provincial board under Article 143. The penalty is prision correctional or a fine from P200.00 to
P2,000.00 or both. Being a minor, A must be given a penalty one degree lower in accordance with Article
68. The penalty one degree lower is arresto mayor or a fine from P200.00 to P1,500.00. Under Article 75,
the court cannot change the minimum of P200.00. even if the offender is a poor man.
Note: This Article, therefore, does not apply when the law does not fix the minimum of the fine.
 Determination of Amount of Reduced Fine
- Distinction should be made between cases where the minimum of the fine is fixed by law and
those where the minimum is not fixed by law.

When only the maximum of the fined is not fixed and only the minimum is fixed, the
determination of the amount to be imposed is left to the sound discretion of the courts, without
exceeding the maximum authorized by law.

Distinction between fine with a minimum and fine without minimum.

1. In both, the law fixes the maximum of the fine.
2. When the law fixes the minimum, the court cannot change that minimum; whereas, when the
law does not state the minimum of the fine but only the maximum, the court can impose any amount
not exceeding such maximum.
3. When the law fixes both the minimum and the maximum, the court can impose an amount
higher than the maximum; whereas, when only the maximum is fixed, it cannot impose an amount
higher than the maximum.
“The same rules shall be observed with regard
to fines that do not consist of a fixed amount, but are made proportional. ‘’
Illustration:
When the negligent act resulted in damage to property of another, the fine shall be from an amount equal
to the value of the damage to three times such value, but shall in no case be less than 25 pesos. (Art. 365, par.
3)

In the crime of direct bribery (Art. 210) involving a bribe of P2,300.00, the maximum fine is P6,900.00
(three times the value of the gift), and that amount (P6,900.00) should be the basis for lowering the penalty by
two degrees, which is the penalty for attempted bribery.
In this case, the minimum of the fine is P2,300.00 and the maximum is P6,900.00.
The fine for attempted bribery is determined by taking one-fourth of maximum (P6,900.00), which is
P1,725.00.
Reducing the maximum by one-fourth, we have P5,175.00. Reducing it further by one-fourth of the
maximum, we have P3,450.00. This amount is the maximum of the fine for attempted bribery. The court can
fix any amount of the fine from P2,300.00 to P3,450.00.
Thank you.