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Art 58 – Additional Penalty imposed upon certain accessories.

Those accessories falling within the terms of paragraph 3 of article 19 of this code should act with abuse of their public functions shall suffer additional penalty of
absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a
less grave felony
ART 58
- Imposes additional Penalties to accessories to Public Officers who “harbors, conceals or assist in the escape of a
principal” by abuse of his public functions.
Additional penalty to be imposed if
1. Principal is guilty of a grave felony – Absolute PERPETUAL disqualification
2. Principal is guilty of a less grave felony – Absolute TEMPORARY disqualification

NO PENALTY FOR LIGHT FELONY?


“ There are no accessories for Light Felonies”
Art 59 – Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are
impossible.
ART 59
- Penalty for Impossible Crimes – Arresto mayor or a fine of P200 to P500.
Basis of the imposition of Penalty
1. Social Danger
2. Degree of Criminality
Art 60 – Exceptions to Article 50 – 57
The provisions contained in the Articles 50 – 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

• ART 60 – EXCEPTION TO ARTICLE 50 - 57


• Articles 50 – 57 does not apply when The law expressly prescribes the penalty ;
• 1. For a Frustrated or attempted felony.
• 2. To be imposed upon accomplices or accessories

FOR PRINCIPALS

General Rule : 1 Degree lower penalty for frustrated crimes and 2 Degrees lower for Attempted crimes.
Exception : ART 60 – when the law prescribes its penalty

Example : Attempted or frustrated robbery with homicide.


Applying Article 60.
The Law imposes a special penalty of reclusion temporal to reclusion Perpetua. (Art. 297)
If We Apply ART 50 – 57 it will be reclusion temporal which is 1 degree lower for consummated robbery with
homicide
FOR ACCOMPLICES AND ACCESSORIES

GENERAL RULE : ART 50-57, Accomplices are punished 1 degree lower than the penalty for the principals and Accessories are punished 2
degrees lower than the penalty for principals.
EXCEPTIONS: ART 60 – if the law expressly prescribes the penalty.

Situations wherein Accomplices are punished as a principal


1. Art 346 – Ascendants, guardians, curators, teachers, and any person who by abuse of authority or
confidential relationship shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption
of minors, white slave trade or abduction.
2. Art 268 - One who furnished the place for the perpetration of the crime of slight illegal detention
Situation where in the Accessories are punished as a principal
Art 142 – knowingly concealing certain evil practices.
Situation wherein Accessories are punished 1 Degree Lower instead of 2 Degrees
1. Art 162 – Knowingly using counterfeited seal or forged signature or stamp of the President.
2. Art 168 – Illegal possession and use of a false treasury or bank note.
3. Art 173 par 3 – Using a falsified document
4. Art 173 par 2 – Using a falsified dispatch

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