APPLICATION OF PENALTIES

Art. 48 Complex crimes -imposed penalty for the most serious in MAX Art. 49 Praeter Intentionem for principals 1. Higher penalty for crime committed than that intended - Punish for what is intended in MAX 2. If Lesser penalty for crimie committed - Then penalty in MAX for what is committed 3. #2 will not apply if acts committed shall also constitute an attempt or frustration of another crime if the law prescribes a higher penalty for either attempt/frustration, imposed the MAX. Art. 50. Principals in frustrated crimes - Next lower in degree Art. 51. Attempted - 2 degrees lower Art. 52. Accomplices in consummated - 1 degree lower Art. 53. Accessories in consummated - 2 degrees lower Art. 54. Accomplices in frustrated - 1 degree lower Art. 55 Accessories in frustrated - 2 degrees lower Art. 56. Accomplices in attempted - 1 degree lower Art. 57. Accessories in attempted - 2 degrees lower Art. 59. Impossible crime by inadequate means- arresto mayor/ 200 500 fine Art. 60. 50-57 will not apply in case of exception by law.

Art. 61. GRADUATING

Art. 62. Mitigating and aggravating and habitual delinquency 1. Aggravating special - Shall not be taken into account for increasing the penalty 1a. abuse of public position QUALIFIED; MAXIMUM regardless of mitigating circumstances 2. 3. 4. 5. Same rule applies in inherent aggravating circumstances. Art 13 and 14 arising from moral attributes of the offender Circumstances material in the commission of an act Habitual Delinquency

Art. 63. Application of INDIVISIBLE penalty 1. SINGLE- apply penalty regardless of aggravating or mitigating 2. If two indivisible a. b. c. d. 1 aggravating greater penalty shall be applied 0 aggravating/ mitigating- lesser penalty shall be imposed Some MC, 0 AC, lesser penalty shall be applied. MC/AC- offset but not qualified aggravating

Art. 64. Rules for the application of penalties which contain three periods. 1. 2. 3. 4. 5. 6. 0 ac/mc- apply medium period If mc- impose penalty in minimum period If AC- in maximum MC.AC- offset 2 or more MC, 0 AC 1 DEGREE LOWER 1000 aggravating or even nature- not to exceed maximum

Art 67. Incomplete req of Art 12, par 4. 1. Arresto mayor max to prision correctional min if grave felony 2. Arresto mayor MIN and medium period is less grave felony Art 69 Incomplete Art 11 or Art 12 lower by one or two degrees