REVIEWER ON PENALTIES

(48) COMPLEX CRIMES. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, the same to be applied in its maximum period.
 Constitutes only one crime in the eyes of the law as well as in the conscience of the offender. The offender has only one criminal intent.
 COMPOUND CRIME - When a single act constitutes two or more grave or less grave felonies
1. That only a SINGLE ACT is performed by the offender
2. That the single acts produces (a) 2 or more grave felonies, or (b) one or more grave and one or more less grave felonies, or (c) two or more less grave felonies
 COMPLEX CRIME PROPER - When an offense is a necessary means for committing the other.
1. That at least two offenses are committed
2. That one or some of the offenses must be necessary (but not indispensable) to commit the other
3. That both or all the offenses must be punished under the same statute.
(49) UPON PRINCIPLES FOR ERROR IN PERSONAE. In cases in which the felony committed is different from that which the offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the
latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be
imposed in its maximum period.
(26) FINES. A fine, whether imposed as a single of as an alternative penalty, shall be considered (amended by R.A. 10951):
Afflictive – over P1.2 million
Correccional – P40,000 to P1.2 million
Light – P40,000

(50-57)
Consummated Frustrated Attempted
LOWERING PENALTIES
Principles 0 1 2

Accomplices 1 2 3

Accessories 2 3 4

(60) EXCEPTION: Provisions under 50 to 57 shall not be applicable when the law expressly prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.

Tirol Notes

(25) CLASSES
Principal Penalties
Capital punishment:
 Death.
Afflictive penalties:
 Reclusion perpetua
 Reclusion temporal
 Perpetual or temporary
absolute disqualification
 Perpetual or temporary
special disqualification
 Prision mayor
Correctional penalties:
 Prision correccional
 Arresto mayor
 Suspension
 Destierro
Light penalties:
 Arresto menor
 Public censure
Common to 3 preceding:
 Fine
 Bond to keep the peace
Accessory Penalties
 Perpetual or temporary
absolute disqualification
 Perpetual or temporary
special disqualification
 Suspension from public office,
the right to vote and be voted
for, the profession or calling
 Civil interdiction
 Indemnification
 Forfeiture or confiscation of
instruments and proceeds of
the offense
 Payment of costs
Tirol Notes
PENALTY SCALES
(70) SEVERITY
Successive service of sentence,
(when nature of penalties does
not permit simultaneous service)
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual absolute
disqualification
10 Temporal absolute
disqualification
11. Suspension from public office,
the right to vote and be voted for,
the right to follow a profession or
calling
12. Public censure
Max. duration of sentence shall not
be more than THREE-FOLD the
length of time corresponding to
the most severe of the penalties
imposed upon him. No other
penalty to which he may be liable
shall be inflicted after the sum total
of those imposed equals the same
maximum period. Such maximum
period shall in no case exceed 40
years.
INHERENT ACCESSORY PENALTIES
(71) GRADUATING (40-44)
In the case in which the law prescribed 1. Death — when it is not executed by reason
a penalty lower or higher by one or of commutation or pardon: perpetual absolute
more degrees than another given disqualification, and civil interdiction during 30
penalty, the rules prescribed in Article years following the date sentence, unless
61 shall be observed in graduating expressly remitted in the pardon
such penalty.
2. Reclusion perpetua & reclusion temporal
SCALE NO. 1 — civil interdiction for life or during the period
1. Death of the sentence, and perpetual absolute
2. Reclusion perpetua disqualification which the offender shall suffer
3. Reclusion temporal even though pardoned as to the principal
4. Prision mayor penalty, unless expressly remitted in the
5. Prision correccional pardon
6. Arresto mayor
7. Destierro 3. Prision mayor — temporary absolute
8. Arresto menor disqualification, and perpetual special
9. Public censure disqualification from the right of suffrage
10. Fine which the offender shall suffer although
pardoned as to the principal penalty, unless
SCALE NO. 2 expressly remitted in the pardon.
1. Perpetual absolute disqualification
2. Temporal absolute disqualification 4. Prision correccional — suspension from
3. Suspension from public office, the public office, from the right to follow a
right to vote and be profession or calling, and perpetual special
voted for, the right to follow a disqualification from the right of suffrage, if
profession or calling the duration of said imprisonment shall
4. Public censure exceed 18 months, although pardoned as to
5. Fine the principal penalty, unless expressly
remitted in the pardon.
5. Arresto — suspension of the right too hold
office and the right of suffrage during the term
of the sentence
 GRADUATING PENALTIES
(71) SCALE (76) PERIODS (61) RULES RELATING TO ART. 50-57 (62) RULES - AG/MI/HD (63-64) RULES CONT. (13) OFFSETTING
1. When SINGLE & INDIVISIBLE, the penalty 1-2. AGGRAVATING INHERENT TWO INDIVISIBLES: 1. Ordinary Mitigating
Death next lower in degrees shall be that shall not be taken into account 1. 1 AG  greater  1-10 of art. 13
immediately following the penalty for the purpose of increasing the 2. NEITHER A/M   Can be offset by
2. When composed of 2 INDIVISIBLES, or 1 or penalty lesser any aggravating
more DIVISIBLE to be imposed to their full 3. AGGRAVATING/MITIGATING 3. MI + NO AG  lesser  If not offset,
Reclusion extent, the penalty next lower in degree shall arising from the moral attributes 4. BOTH AG and MI  produces only the
Perpetua be that immediately following the lesser of of offender, or relations with the the court may offset one effect of applying
the penalties offended party, or any other another in consideration penalty in its
3. When composed of 1 or 2 INDIVISIBLES and personal cause, shall only serve of their number and minimum period
the MAX. PERIOD OF ANOTHER DIVISIBLE, the to aggravate or mitigate the importance 2. Privileged Mitigating
max penalty next lower in degree shall be liability of that principal, FOR DIVISIBLE:  Art. 68, 69, 64(5)
Reclusion composed of the medium and minimum accomplice or accessory 1. NEITHER A/M -  Cannot be offset by
med
Temporal periods of the proper divisible penalty and the 4. The circumstances which penalty prescribed in its aggravating
min
maximum periods of the proper divisible consist in the material execution med  Produces effect of
max
Prision penalty and the maximum period of that of the act, or in the means 2. ONLY MI - penalty in imposing penalty
med immediately following employed to accomplish it, shall lower by one or
Mayor its min
min 4. When composed of SEVERAL PERIODS, serve to aggravate or mitigate 3. ONLY AG - penalty in two degrees that
max corresponding to DIFFERENT DIVISIBLES, the the liability of those persons its max provided by law
Prision
med penalty next lower in degree shall be only who had knowledge of 4. BOTH A/M - court shall  Only applicable to
Correccional
min composed of the period immediately them at the time of the reasonably offset those particular crimes
max following the minimum prescribed and of the execution of the act or their of one class against the (Arts. 268 and
Arresto two following, which shall be taken from the cooperation therein. other 333(par. 3))
med
Mayor penalty prescribed, if possible; otherwise 5. HABITUAL DELINQUENCY 5. 2+ MI and NO AG -
min from the penalty immediately following (a) 3rd conviction: for the last degree next lower, in the
max 5. When the law prescribes a penalty for a crime found guilty and prision period that it may deem
Destierro med crime in some manner not especially provided correccional in its med & max. applicable
min for in the four preceding rules, the courts, (b) 4th conviction: for the last 6. AG  courts shall not
proceeding by analogy, shall impose crime found guilty and prision impose a greater penalty
max corresponding penalties upon those guilty as mayor in its min & med than that prescribed by
Arresto principals of the frustrated felony, or of (c) 5th conviction: for the last law
Menor attempt to commit the same, and upon crime found guilty and to prision 7. Within limits of each
med accomplices and accessories. period, the court shall

Tirol Notes
 mayor in its max to reclusion
temporal in its min
min
*Total of the 2 penalties shall in
no case exceed 30 years.
determine the extent of
the penalty (considering
aggravating & mitigating
circumstances)

ENTIRE PERIOD MINIMUM MEDIUM MAXIMUM

Reclusion Temporal
Prision Mayor, Absolute and
Temp. Disqualification
Prision Correccional,
suspension and destierro
12 yrs and 1 day to 20 yrs
6 yrs and 1 day to 12 yrs
6 mos and 1 day to 6 yrs
12 yrs and 1 day to 14 yrs and 8 mos
6 yrs and 1 day to 8 yrs
6 mos and 1 day to 2 yrs and 4 mos
14 yrs, 8 mos and 1 day to 17 yrs and
4 mos
8 rs and 1 day to 10 yrs
2 yrs, 4 mos and 1 day to 4 yrs and 2
mos
17 yrs and 4 mos and 1 day to 20 yrs
10 yrs and 1 day to 12 yrs
4 yrs, 2 mos and 1 day to 6 yrs

Arresto Mayor 1 month and 1 day to 6 months 1 to 2 months 2 mos and 1 day to 4 mos 4 mos and 1 day to 6 mos
Arresto Menor 1 to 30 days 1 to 10 days 11 to 20 days 21 to 30 days

(27) DURATION (30-35) EFFECTS (28) COMPUTATION (29) PREVENTIVE

Reclusion Temporal: 12 years and
1 day to 20 years.
Prision mayor & temp.
disqualification: 6 years and 1 day
to 12 years, except when the
latter is imposed as an accessory
penalty
Prision correccional, suspension,
& destierro: 6 months and 1 day
to 6 years, except when
suspension is imposed as an
accessory penalty
Arresto mayor: 1 month and 1 day
to 6 months.
Arresto menor: 1 day to 30 days.
Bond to keep the peace: period
up to the court’s discretion
1. PAD/TAD for public officials: deprivation of public offices;
right to vote or be elected, disqualification for offices &
rights mentioned, and loss of right to retirement pay or
pension from office
2. PSD/TSD for public office, profession, calling: deprivation
from such, and disqualification from holding similar office
3. PSD/TSD for suffrage: deprivation of right to vote or be
elected, and cannot hold any public office during period of
disqualification
4. Suspension (o/p/c): disqualification from office or
profession, and if public office, from similar office
5. Civil Interdiction: deprivation of parental and marital
authority, and deprivation of right to manage/dispose
property
6. Bond to Keep Peace: present 2 sureties to not commit
offense, and if committed, payment of amount determined
by court in the judgement, or deposit such in the office of
the clerk of the court
If the offender shall be in prison, the
term of the duration of the temporary
penalties shall be computed from the
day on which the judgment of conviction
shall have become final.
If the offender be not in prison, the term
of the duration of the penalty consisting
deprivation of liberty shall be computed
from the day that the offender is placed
at the disposal of the judicial authorities
for the enforcement of the penalty.
The duration of the other penalties shall
be computed only from the day on which
the defendant commences to serve his
sentence.
General Rule:
Offenders who have undergone
preventive imprisonment shall be
credited in the service of their
sentence consisting of deprivation of
liberty, with full time they underwent
such, if the prisoner agrees
voluntarily in writing to abide by
disciplinary rules (if he doesn’t, only
4/5 counted)
Exceptions:
1. Recidivists/been convicted prev.
twice or more times of any crime
2. When upon being summoned for
the execution of their sentence they
have failed to surrender voluntarily.

Tirol Notes
 (58) ADDITIONAL TO ACCESSORIES. Those accessories falling within the terms of paragraph 3 of Article 19 who should act with abuse of their public functions,
shall suffer the additional penalty of PAD if the principal offender shall be guilty of a grave felony, and that of TAD if he shall be guilty of a less grave felony.
Art. 19, par. 3: Harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty
of some other crime.
(59) IMPOSSIBLE CRIME. When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the
crime was not produced by reason of the fact that the act intended was an impossible crime, the court, having in mind the social danger and degree of criminality
shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.

Tirol Notes