A) Death B) Reclusion Perpetua: Indivisible Penalties
A) Death B) Reclusion Perpetua: Indivisible Penalties
A) Death B) Reclusion Perpetua: Indivisible Penalties
a) Death
b) Reclusion Perpetua
Divisible Penalties:
a) Reclusion Temporal
b) Prision Mayor
c) Prision Correccional
d) Arresto Mayor
e) Destierro
f) Arresto Menor
g) Public Censure
h) Fine
Rule No. 1:
When the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion
temporal.
Rule No. 2:
Ex. penalty for parricide is reclusion perpetua to death, the next lower penalty is reclusion temporal
b) when the penalty is composed of one or more divisible penalties to be imposed to their full extent
Ex. one divisible penalty is reclusion temporal. The penalty immediately following RT is prision
mayor. 2 divisible penalties are prision correccional to prision mayor. The penalty immediately
preceding the lesser of the penalties of prision correccional to prision mayor is arresto mayor.
Rule No. 3:
When the penalty is composed of 2 indivisible penalties and the maximum period of a divisible
penalty/ or when composed of one divisible penalty the maximum of one divisible penalty
Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper
divisible penalty which is reclusion temporal. Under the 3rd rule, the penalty next lower to reclusion
temporal is composed of the medium and minimum periods of reclusion temporal and the maximum
of prision mayor.
Rule No.4:
Ex. the “several” periods contemplated in this rule correspond to different divisible penalties. A
penalty of prision mayor in its medium period to reclusion temporal in its minimum period is an
example of such. The penalty immediately following the minimum of the entire sentence, which is
prision mayor medium, is prision mayor in its minimum and the 2 periods next following, which are
prision correccional max and medium.
Rule No.5:
Ex. Abduction punishable by prision correccional in its medium and minimum. The next penalty
following is formed by 2 periods to be taken from the same penalty if possible or from the periods of
the penalty numerically following the lesser of the penalties prescribed. The penalty next following
prision correccional in its med and min shall be arresto mayor in its med and max.
Mitigating and Aggravating circumstances are first disregarded in the application of the rules for
graduating penalties. It is only after the penalty next lower in degree is already determined that the
mitigating and aggravating circumstances should be considered.
Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual
delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing or increasing the penalty in conformity with
the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially
punishable by law or which are included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the purpose of increasing the penalty.
2. The same rule shall apply with respect to any aggravating circumstance inherent in
the crime to such a degree that it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the
means employed to accomplish it, shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following effects.
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law
for the last crime of which he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for
the last crime of which he be found guilty and to the additional penalty of prision mayor in its
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty
of prision mayor in its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a
period of ten years from the date of his release or last conviction of the crimes of serious or
less serious physical injuries, robo, hurto estafa or falsification, he is found guilty of any of
said crimes a third time or oftener.
Par 1: Aggravating circumstances are not to be taken into account when:
Par 2: Same rules applies when the aggravating circumstance is inherent in the crime
Par 3. Aggravating or mitigating circumstances arising from any of the ff affect only those to whom
such circumstances are attendant:
Par 4: the circumstances w/c consist of the ff shall serve to aggravate and mitigate the liability only
of those who had knowledge of them at the time of the commission of the offense
Par 5: Habitual Delinquent is a person who within the period of 10 years from the date of his (last)
release or last conviction of the crimes of:
b) robbery
c) estafa
d) falsification
Ten year period to be computed from the time of last release or conviction
Subsequent crime must be committed after conviction of the former crime. Cases still pending are
not to be taken into consideration.
HABITUAL DELINQUENCY RECIDIVISM
a) the law on habitual delinquency does not contemplate the exclusion from the computation of
prior conviction those falling outside the 10 yr pd immediately preceding the crime for w/c the
defendant is being tried
b) ten yr pd is counted not from the date of commission of the subsequent offense but to the date
of conviction thereof in relation to the date of his last release or last conviction
c) when an offender has committed several crimes mentioned in the definition of habitual
delinquent, without being first convicted of any of them before committing the others, he is not a
habitual delinquent
d) convictions on the same day or at about the same time are considered as one only (days,
weeks..)
e) crimes committed on the same date, although convictions on different dates are considered as
one
h) habitual delinquency applies to accomplice and accessories as long as in the crimes specified
l) habitual delinquency is not a crime, it is simply a fact or circumstance which if present gives
rise to the imposition of additional penalty
m) penalty for habitual delinquency is a real penalty that determines jurisdiction
o) in imposing the additional penalty, recidivism is not aggravating. The additional penalty must
be imposed in its minimum
Notes:
In no case shall be the total penalties imposed upon the offender exceed 30 years
The law does not apply to crimes described in Art. 155
The imposition of the additional penalties on habitual delinquents are constitutional, it is simply a
punishment on future crimes on account of the criminal propensities of the accused.
The imposition of such additional penalties are mandatory.
Habitual delinquency applies at any stage of the execution because subjectively, the offender
reveals the same degree of depravity or perversity as the one who commits a consummated crime.
Habitual delinquency applies to all participants because it reveals persistence in them of the
inclination to wrongdoing and of the perversity of character that led them to commit the previous
crime.
Cases where the attending aggravating or mitigating circumstances are not considered in the
imposition of penalties.
Penalty that is single and indivisible
Felonies through negligence
Penalty is a fine
Penalty is prescribed by a special law
Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the
following rules shall be observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of
the act, the court shall reasonably allow them to offset one another in consideration of their
number and importance, for the purpose of applying the penalty in accordance with the
preceding rules, according to the result of such compensation.
Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2
indivisible penalties
When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one
degree no matter how many mitigating circumstances are present
Exception: in cases of privileged mitigating circumstances
Par.4: the moral value rather than the numerical weight shall be taken into account
Rules for the application of indivisible penalties
Penalty is single and indivisible – applied regardless of the presence of aggravating and
mitigating circumstances
Penalty composed of two indivisible penalties
1. One aggravating circumstance present – higher penalty
2. One mitigating circumstance present – lower penalty
3. Some mitigating circumstances present and no aggravating – lower penalty
4. Mitigating and Aggravating Circumstance are present – basis in number and importance
Art. 64. Rules for the application of penalties which contain three periods. — In cases in
which the penalties prescribed by law contain three periods, whether it be a single divisible
penalty or composed of three different penalties, each one of which forms a period in
accordance with the provisions of Articles 76 and 77, the court shall observe for the
application of the penalty the following rules, according to whether there are or are not
mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose
the penalty prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they
shall impose the penalty in its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they
shall impose the penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating
circumstances are present, the court shall impose the penalty next lower to that prescribed
by law, in the period that it may deem applicable, according to the number and nature of such
circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the
courts shall not impose a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and the
greater and lesser extent of the evil produced by the crime.
Art 64 applies when the penalty has 3 periods because they are divisible. If the penalty is
composed of 3 different penalties, each forms a period according to Art 77
Par 4: the mitigating circumstances must be ordinary, not privileged. The aggravating
circumstances must be generic or specific, not qualifying or inherent.
COMPUTATIONS:
A. Example: Prision Mayor (6 yrs, 1 day to 12 yrs)
1) subtract the minimum (disregard 1 day) from the maximum
6 yrs / 3 = 2 yrs
3) use the minimum (6 yrs and 1 day) as the minimum of the minimum period. Then add
the 2 yrs (disregarding the 1 day) to the minimum to get the maximum of the minimum
+ 2 yrs (difference)
——————————————-
4) use the maximum of the minimum period as the minimum of the medium period and add
1 day to distinguish from the minimum period. Then add 2 years to the minimum of the
medium (disregarding the 1 day) to get the maximum of the medium period.
——————————————-
5) use the maximum of the medium period as the minimum of the maximum pd, add 1 day
to distinguish it from the medium period. Then add 2 yrs to the minimum of the maximum pd
(disregarding the 1 day) to get the maximum of the maximum period)
+ 2 yrs (difference)
———————————————-
2yrs / 3 = 8 months
3) Use the minimum of the given example as the minimum period. Then to get to get the
maximum of the minimum, add the 8 months
4) Use the maximum of the minimum as the minimum of the medium period. Add 1 day to
distinguish it from the maximum of the minimum. Add the 8 months and this becomes the
maximum of the medium
6 yrs 8 months + 8 months = 7 yrs 4 months
Therefore, the medium period of prision mayor minimum; 6 yrs 8 mos 1 day to 7 yrs 4 mos
5) Use the maximum of the medium as the minimum period of the maximum period and
add 1 day to distinguish. Add the 8 months to get the maximum of this maximum
When the minimum of the fine is not fixed, the court shall have the discretion provided it does not
exceed the amount authorized by law
Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present.— When all the conditions required in circumstances
Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the
penalty of arresto mayor in its maximum period to prision correccional in its minimum period
shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto
mayor in its minimum and medium periods, if of a less grave felony.
Requisites of Art 12 par 4
if these conditions are not all present, then the ff penalties shall be imposed:
If the act is attended by two or more mitigating circumstance and no aggravating circumstance, the
penalty being divisible a minor over 15 but under 18 may still get a penalty two degrees lower.
Example: Juan has 10 sentences of 6 months and 1 day each and a fine of 1000. He was not able to
pay the fine. Therefore, he must serve subsidiary penalty after 18 months and 3 days in jail.