The Three-Fold Rule

Under this rule, when a convict is to serve successive penalties, he will not actually serve the
penalties imposed by law. Instead, the most severe of the penalties imposed on him shall be
multiplied by three and the period will be the only term of the penalty to be served by him.
However, in no case should the penalty exceed 40 years.

This rule is intended for the benefit of the convict and so, you will only apply this provided the sum
total of all the penalties imposed would be greater than the product of the most severe penalty
multiplied by three but in no case will the penalties to be served by the convict be more than 40
years.

Although this rule is known as the Three-Fold rule, you cannot actually apply this if the convict is to
serve only three successive penalties. The Three-Fold Rule can only be applied if the convict is to
serve four or more sentences successively. If the sentences would be served simultaneously, the
Three-Fold rule does not govern.

The chronology of the penalties as provided in Article 70 of the Revised Penal Code shall be
followed.

It is in the service of the penalty, not in the imposition of the penalty, that the Three-Fold rule is to
be applied. The three-Fold rule will apply whether the sentences are the product of one information
in one court, whether the sentences are promulgated in one day or whether the sentences are
promulgated by different courts on different days. What is material is that the convict shall serve
more than three successive sentences.

For purposes of the Three-Fold Rule, even perpetual penalties are taken into account. So not only
penalties with fixed duration, even penalties without any fixed duration or indivisible penalties are
taken into account. For purposes of the Three-Fold rule, indivisible penalties are given equivalent of
30 years. If the penalty is perpetual disqualification, it will be given and equivalent duration of 30
years, so that if he will have to suffer several perpetual disqualification, under the Three-Fold rule,
you take the most severe and multiply it by three. The Three-Fold rule does not apply to the penalty
prescribed but to the penalty imposed as determined by the court.

Illustration:

Penalties imposed are

One prision correcional minimum 2 years and 4 months

One arresto mayor - 1 month and 1 day to 6 months

One prision mayor - 6 years and 1 day to 12 years

Do not commit the mistake of applying the Three- Fold Rule in this case. Never apply the Three-Fold
rule when there are only three sentences. Even if you add the penalties, you can never arrive at a
sum higher than the product of the most severe multiplied by three.

The common mistake is, if given a situation, whether the Three-Fold Rule could be applied. If asked,
if you were the judge, what penalty would you impose, for purposes of imposing the penalty, the
court is not at liberty to apply the Three-Fold Rule, whatever the sum total of penalty for each crime
committed, even if it would amount to 1,000 years or more. It is only when the convict is serving
sentence that the prison authorities should determine how long he should stay in jail.

Illustration:

A district engineer was sentenced by the court to a term of 914 years in prison.

A person was sentenced to three death sentences. Significance: If ever granted pardon for 1 crime,
the two remaining penalties must still be executed.

This rule will apply only if sentences are to be served successively.