ARTICLES 46-64 RPC APPLICATION OF PENALTIES

Chapter 4-APPLICATION OF PENALTIES

SECTION ONE- RULES FOR THE APPLICATION OF
PENALTIES TO THE PERSONS CRIMINALLY LIABLE
AND FOR THE GRADUATION OF THE SAME
ART 46. THE PENALTY PRESCRIBED BY LAW FOR
THE COMMISSION OF A FELONY SHALL BE
IMPOSED UPON THE PRINCIPALS IN THE
COMMISSION OF SUCH FELONY.
WHENEVER THE LAW PRESCRIBES THE PENALTY
FOR A FELONY IN GENERAL TERMS, IT SHALL BE
UNDERSTOOD
AS
APPLICABLE
TO
THE
CONSUMMATED FELONY.
GENERALLY, THE PENALTY IMPOSED BY LAW IS
TO BE IMPOSED UPON PRINCIPALS.

*The penalty prescribed by law in GENERAL TERMS

shall be imposed:
1. Upon the principals;
2. For consummated felony.
**EXCEPTION: When the law fixes a penalty for
frustrated or attempted felony.
*Graduation of penalties by degrees- refer to
stages of execution (consummated, frustrated or
attempted) and to the degree of the criminal
participation of the offender (whether as principal,
accomplice or accessory).
>Principals are:
1. Those who take a direct part in the execution
of the act (by direct participation);
2. Those who directly force or induce others to
commit it (by induction);
3. Those who cooperate in the commission of the
offense by another act without which would
not have been accomplished (by indispensable
cooperation).
>Accomplices- those who, not being principals or
accessories cooperate in the execution of the offense
or simultaneous acts.
Requisites:
1. There must be a community of designknowing the criminal design of the principal by
direct participation, he concurs with the latter
in his purpose;
2. He cooperates in the execution of the offense
by previous or simultaneous acts, with the
intention of supplying material or moral aid in
the execution of the crime in an efficacious
ways; and
3. There must be a relation between the acts
done by the principal and those attributed to
the person charged as accomplice.
==Before there could be an accomplice, there must be
a principal by direct participation.
>Accessories- those who, having knowledge of the
commission of the crime and without having
participated
therein,
either
as
principals
or
accomplices, take part subsequent to its commission in
any of the following manners:
1. By profiting or assisting the offender to profit
by the effects of the crime;
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in
order to prevent discovery;

3.

By harboring, concealing or assisting in the

escape of the principal of the crime, provided:
a. Accessory acts with abuse of his public
function; or
b. Author of the crime is guilty of
i. Treason
ii. Murder
iii. Attempt to take the life of the
Chief Executive;
iv. Parricide;
v. Murder; or
vi. Is known to be Habitually guilty
of some other crime.

*Division of a divisible penalty into three periods- as

maximum, medium and minimum, refer to the proper
period of the penalty which should be imposed when
aggravating or mitigating circumstances attend the
commission of the crime.
ART 47. THE DEATH PENALTY SHALL BE IMPOSED
IN ALL CASES IN WHICH IT MUST BE IMPOSED
UNDER EXISTING LAWS, EXCEPT:
1. WHEN THE GUILTY PERSON IS BELOW 18
YEARS OF AGE; OR
2. WHEN UPON APPEAL OR AUTOMATIC
REVIEW OF THE CASE BY THE SUPREME
COURT, THE REQUIRED MAJORITY VOTE IS
NOT OBTAINED FOR THE IMPOSITION OF
DEATH PENALTY, IN WHICH CASE THE
PENALTY
SHALL
BE
RECLUSION
PERPETUA.
IN ALL CASES WHERE THE DEATH PENALTY IS
IMPOSED BY THE TRIAL COURT, THE RECORDS
SHALL BE FORWARDED TO THE SUPREME COURT
FOR AUTOMATIC REVIEW AND JUDGMENT BY THE
COURT EN BANC, WITHIN 20 DAYS BUT NOT
EARLIER THAN 15 DAYS AFTER PROMULGATION
OF THE JUDGMENT OR NOTICE OF DENIAL OF ANY
MOTION FOR NEW TRIAL OR RECONSIDERATION.
THE TRANSCRIPT SHALL ALSO BE FORWARDED
WITHIN 10 DAYS AFTER THE FILING THEREOF BY
THE STENOGRAPHIC REPORTER.
*Crimes punishable by death under Death Penalty Law
1. Treason;
2. Qualified piracy;
3. Qualified bribery;
4. Parricide;
5. Murder;
6. Infanticide;
7. Kidnapping and Serious Physical Injuries;
8. Robbery
with
Homicide/Rape/Intentional
Mutilation or Arson;
9. Rape with Homicide, Rape with the use of
deadly weapon, Rape committed by 2 or more
persons;
10. Qualified Rape;
11. Destructive Arson;
12. Plunder;
13. Violation of certain provisions of Dangerous
Drug Act; or
14. Carnapping.
*Vote of 8 members of the Supreme Court is required
to impose death penalty.
*Basis of the Death Penalty Law (RA 7659): Basis of
criminal liability is the offenders will and the purpose
of the penalty is retribution.

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

*Death penalty is not imposed in:
> When the guilty person is below 18 years of
age at the time of commission of the crime.
>When the guilty persons is more than 70
years old.
>When appeal or automatic review of the case
by the Supreme Court, the vote of 8 is not obtained for
the purpose.
ART 48. WHEN A SINGLE ACT CONSTITUTES 2 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.
*Kinds of Crimes:
1. Simple crimes- those defined by RPC as such
and prescribes the penalty in a single article;
2.

Plurality of crimes- when an offender commits

many crimes, each with a corresponding
penalty distinct and separate from those of the
others.

necessary means for committing the other (COMPLEX

CRIME).
*Two kinds of Complex Crimes:
I. Compound crime (Delito Compuesto)-when
a single act constitutes 2 or more grave or
less grave felonies.
a. That only a single act is performed
by offender;
b. That the single act produces:
i. 2 or more grave felonies,
ii. 1 or more grave AND 1 or
more less grave felonies,
or
iii. 2 or more less grave
felonies.
Examples:

Double Homicide/Murder, Multiple

Homicide,
Homicide
with
Frustrated Homicide and Homicide
with Attempted Homicide.
==No single act when one fires his revolver
twice in succession, killing one and wounding
another, or when two persons are killed one
after the other by different acts.

>Two types:
1. Real or material plurality-when each act
arises from distinct criminal impulses, in
which case, there will be as many crimes
as there are acts.
Example:
A stabbed B with a knife. Then A also stabbed
C. There are 2 crimes committed and 2 acts
performed.
>>Distinguished from recidivism- there must
be a conviction by final judgment of the first or
prior offense; in plurality, no conviction of any
crimes committed.
2.

3.

Formal or Ideal plurality- where the acts

arise from a single criminal offense, in
which case would arise from a series of act
constituting the absolute penalty.
a. When offender commits any of the
complex crimes in Art 48 of RPC;
b. When the law specifically fixes a
single penalty for 2 or more
offenses committed (robbery with
homicide, kidnapping with serious
physical injuries)
c. When
the
offender
commits
continued crimes.

Special Complex crimes- these are two simple

crimes but which RPC has defined as a single
offense with a single penalty
a. Rape with Homicide
b. Kidnapping with Homicide
c. Robbery with Homicide
d. Robbery with Rape
e. Kidnapping with Rape and Robbery
with Arson
4. Complex crimes- although more than 1 crime
was committed, they constitute only 1 crime
not explicitly prescribed by RPC & only 1
penalty is imposed pursuant to Art 48.
*Art 48 requires the commission of at least 2 crimes,
but the 2 or more grave or less grave felonies must be
the result of a single act, or an offense must be a

==Although several independent acts were

performed, if not possible to determine who
among a group actually killed victim, and
evidence shows that there was no evidence
that accused intended to fire at each and
every one of the victims- SINGLE CRIMINAL
ACT.
==A LIGHT FELONY CANNOT BE COMPLEXED
WITH A GRAVE OR LESS GRAVE FELONY.
ILLUSTRATIONS:
1. A WITH INTENT TO KILL FIRED HIS GUN AT B. THE
BULLET HIT B. AFTER HITTING B, THE SAME BULLET
HIT C. BOTH B AND C DIED.
>>Although 2 homicide resulted from the act, A is
liable for the single offense of DOUBLE HOMICIDE.
2. SUPPOSE THE SAME BULLET HIT B, C AND D WHO
ALL DIED?
>>A will be liable for the complex crime of MULTIPLE
HOMICIDE (If a single act causes 3 or more deaths).
3.

SUPPOSE B AND C WERE HIT BY THE SAME BULLET.

B WAS SERIOUSLY WOUNDED BUT SURVIVED. C
DIED AS A RESULT OF THE GUN SHOT WOUND.
>>A is liable for the complex crime of HOMICIDE WITH
FRUSTRATED HOMICIDE.
*In complex crimes, the designation of the offense
always starts with the more serious felony.
4.

WHAT IF B WAS HIT BUT WAS ONLY SLIGHTLY

INJURED BUT C DIED AS A RESULT?
>>A is liable for HOMICIDE with ATTEMPTED
HOMICIDE.
**RAPE WITH HOMICIDE IS A SPECIAL COMPLEX CRIME
NOT COVERED BY ART 48; ART 266-B WILL APPLYSPECIAL COMPLEX CRIME OF RAPE WITH HOMICIDE
PUNISHED WITH DEATH.
** APPLICABLE TO CRIMES THROUGH NEGLIGENCE.

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

II.

Complex Crime Proper (Delito Complejo)when an offense is a necessary means for

committing another offense.
i. That at least 2 offenses are commited;
ii. That one or some of the offenses must
be necessary means for committing
the other;
iii. That both or all the offenses must be
punished under the same statute.
Examples:

Estafa
through
falsification
of
commercial documents

Malversation through falsification of

public document
ILLUSTRATION:
A FOUND A LOST CHECK PAYABLE TO B. HE ENDORSED
THE CHECK BY FALSIFYING THE SIGNATURE OF B. THE
DRAWEE BANK GAVE HIM THE EQUIVALENT OF THE
CHECK. WHAT CRIME/CRIMES DID A COMMIT?
>>A committed ESTAFA as regards the bank because it
was deceived by A into believing he was B. He was
able to commit Estafa because of his act of falsifying
the signature of B. The falsification was a necessary
means of committing Estafa. Therefore, A committed
the
complex
crime
of
ESTAFA
THROUGH
FALSIFICATION.
==A COMPLEX CRIME IS ONLY 1 CRIME AS
CONTEMPLATED BY LAW BECAUSE THE OFFENDER HAS
ONLY 1 CRIMINAL INTENT.
==BOTH OR ALL THE OFFENSES MUST BE PUNISHED
UNDER THE RPC.
==NO COMPLEX CRIME WHEN ONE OF THE OFFENSES
WAS COMMITTED FOR THE PURPOSE OF CONCEALING
THE COMMISSION OF THE OTHER.
EXAMPLE:
After committing homicide, the accused in order to
conceal the crime, set fire to the house where it had
been perpetrated.
Setting fire to the house is Arson. But in this case,
neither homicide nor arson was necessary to commit
the other. Arson was not a necessary means of
committing Homicide, but was resorted to conceal the
crime of Homicide already committed. Hence, the
offender committed 2 separate crimes of Homicide and
Arson.
**The phrase NECESSARY MEANS does not mean
INDISPENSABLE MEANS.
Otherwise, offense as a necessary means to commit
another would be an indispensable element of the
latter and would be an ingredient thereof.
**Subsequent acts of intercourse after forcible
abduction with rape, are SEPARATE ACTS OF RAPE.
**No complex crime when trespass to dwelling is a
direct means to commit a grave offense such as rape,
homicide, or murder; will be considered as the
aggravating circumstance of unlawful entry under par
18 or of breaking a part of the dwelling under par 19 of
ART 14.
**No complex crime where one of the offense is
penalized by a special law.

**There is no complex crime of REBELLION WITH

MURDER, ARSON, ROBBERY, OR OTHER COMMON
CRIMES; absorbed or inherent in the crime of rebellion.
**When two crimes produced by a single act are
respectively within the jurisdiction of 2 courts of
different jurisdiction, the court of HIGHER jurisdiction
shall try the complex crime.
OTHER KINDS OF PLURALITY OF CRIMES WHERE A
SINGLE PENALTY IS IMPOSED:
1. COMPOSITE CRIMES or SPECIAL COMPLEX
CRIMES
2. CONTINUED CRIMES OR DELITO CONTINUADO;
3. CONTINUING CRIMES OR TRANSITORY CRIMES.
**COMPOSITE CRIMES- crimes which in the eyes of the
law are treated as single individual offense although in
reality are made up of more than one crime; also
called
SPECIAL COMPLEX CRIMES or SINGLE
INDIVISIBLE OFFENSE.
Examples:
Robbery with Homicide, Rape with Homicide and
Kidnapping with Homicide
>> Not a complex crime but ONE CRIME made up of
several violations and is deemed a product of one
criminal intent.
ORDINARY COMPLEX
CRIME

SPECIAL COMPLEX
CRIME

composed of 2 or more
crimes
punished
in
different provisions of RPC
brought about by single
act or where one of the
offense
is
necessary
means
of
committing
another offense.

composed of 2 or
more crimes which are
considered components
of a single indivisible
offense.

penalty imposable is
the penalty for the most
serious
crime
in
its
maximum period.

the
penalty
imposable
is
the
penalty
specifically
provided by law.

**ART 48 IS INTENDED TO FAVOR THE CULPRIT (PRO

REO).
>> When 2 or more crimes are the result of a single
act, the offender is deemed less perverse than when
he commits said crimes through separate and distinct
acts.
**ENRILE VS SALAZAR (186 SCRA 217)
Facts of the case:

Then Senator Juan Ponce Enrile, spouses

Panlilio and Gregorio Honasan were charged
with the crime of rebellion with murder and
multiple
frustrated
murder
allegedly
committed during the failed coup attempt from
Nov 29 to Dec10, 1990.

Senator Enrile was taken to and held overnight

at the NBI headquarters on Taft Avenue,
Manila, without bail, none having been
recommended in the information and none
fixed in the arrest warrant. The following

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

morning, February 28, 1990, he was brought to
Camp Tomas Karingal in Quezon City where he
was given over to the custody of the
Superintendent of the Northern Police District,
Brig. Gen. Edgardo Dula Torres.

On the same date of February 28, 1990,

Senator Enrile, through counsel, filed the
petition for habeas corpus herein (which was
followed by a supplemental petition filed on
March 2, 1990), alleging that he was deprived
of his constitutional rights.

ISSUE:
WON the petitioner has committed complex crimes
(delito complejo) arising from an offense being a
necessary means for committing another, which is
referred to in the second clause of Article 48 of the
Revised Penal Code?
HELD:
No. The Supreme Court reiterated and reaffirmed the
rule laid down in People vs Hernandez that rebellion
may not be complexed with common crimes which are
committed in furtherance thereof because such crimes
are absorbed in the rebellion. Information must be read
as charging simple rebellion only, hence petitioners
are entitled to bail before final conviction.
>>REBELLION CAN NOW BE COMPLEXED WITH
COMMON CRIMES WITH THE AMENDMENTS BY RA NO.
6968 (AN ACT PUNISHING THE CRIME OF COUP DETAT
BY AMENDING ART 134, 135 AND 136 OF RPC, AND
FOR OTHER PURPOSES) OR COMMONLY REFERRED AS
THE COUP DETAT LAW, WHICH BECAME EFFECITVE ON
OCT 24, 1990.
>>The overt acts used to be punished as components
of the crime of rebellion have been severed therefrom
by RA 6968; legal impediment to the application of Art
48 of the Code to rebellion had been removed.
>> After the amendment, common crimes involving
killings, serious violence, robberies and/or destructions
of property, even though committed by rebels for
furtherance of a rebellion, shall bring about a complex
crime of REBELLION WITH ARSON AND REBELLION
WITH SERIOUS PHYSICAL INJURIES.
>> Also included conspiracy and proposal to commit
Coup detat as crimes punishable under Art 136 of the
RPC.
**DELITO CONTINUADO OR CONTINUED CRIME is
one where the accused is impelled by a single criminal
impulse but commits a series of overt acts at about the
same time in about the same place and said acts
violate the same offense.
>> Neither the criminal act nor the intention is
susceptible of division.
EXAMPLE:
A, B AND C AGREED AND DECIDED TO ROB ALL THE
OCCUPANTS OF THE 5 HOUSES LOCATED WITHIN THE
SAME COMPOUND. BY A SERIES OF ACTS THEY
ROBBED THE OCCUPANTS OF THE 5 HOUSES ONE
AFTER THE OTHER. THEY ARE LIABLE FOR THE SINGLE
OFFENSE OF ROBBERY. WHILE THEY COMMITTED A
SERIES OF ACTS AGAINST SEVERAL VICTIMS, THE SAID
ACTS WERE IMPELLED BY A SINGLE CRIMINAL INTENT.

**SINGLE LARCENY DOCTRINE is a doctrine in

THEFT OR ROBBERY CASES which is very popular in US
and other countries where the taking of the property or
properties belonging to the same or different persons
by a series of acts or acts arising from a single criminal
intent or resolution constitutes only one crime.
The Courts have abandoned the SEPARATE LARCENY
DOCTRINE under which there is a distinct larceny as to
the property of each victim.
EXAMPLES:
1. A saw 2 goats in his backyard. He decided to
get both of them regardless of who is the
owner. With the left hand, he got one goat, and
with the right hand, he took the other goat.
A committed 2 acts of getting the 2
goats. But he took them as a result of a
single intent or criminal resolution;
hence liable for the single offense of
THEFT applying the single larceny
doctrine.
2. A and B peeped through the glass window of a
classroom. They saw 30 students inside. They
resolved to rob the students of their personal
properties by means of threat and intimidation.
A and B are liable for the single offense
of MULTIPLE ROBBERY. The series of
acts of dispossession of the personal
properties of the 30 students arose
from a single criminal intent.
**SINGLE LARCENY DOCTRINE can be applied in
ESTAFA, VIOLATION OF BP 22 OR IN VIOLATION OF RA
3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT.)
*EXCEPTION TO THE SINGLE LARCENY DOCTRINE
Use of submachine gun- NOT A COMPLEX CRIME
>> not the act of pressing the trigger which should
produce the several felonies but the number of bullets
which actually produced them.
*ART 48 APPLIES TO CRIMES THROUGH NEGLIGENCE
EXAMPLE:
A drove a dump truck while he was under the influence
of liquor. In the process, he hit and bumped a
passenger jeepney. As a result, 2 passengers died, 1
suffered cerebral fracture, 1 suffered a lump and the
jeepney was heavily damaged. What crime/crimes did
A commit?
>> A committed the complex crime of RECKLESS
IMPRUDENCE RESULTING IN DOUBLE HOMICIDE,
SERIOUS PHYSICAL INJURIES AND DAMAGE TO
PROPERTY; case of the victim who suffered a lump
cannot be included as it is only a slight physical injury;
hence
a separate
information for RECKLESS
IMPRUDENCE RESULTING TO SLIGHT PHYSICAL
INJURIES MUST BE FILED.
**CONTINUING CRIME is one where any of the
elements of the offense is committed in different
localities such that the accused may be charged in any
place where an essential element of crime was
committed.

Not a complex crime because offender does

not perform a single act but a series of acts
and one offense is not a necessary means of
committing the other.

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

EXAMPLES:
1. A kidnapped B and illegally detained her in Baguio
City. On the following day, A brought B to Dagupan
City, next day to Tarlac and then to Manila. All the
while B was deprived of her liberty.
A could not be charged for 4 separate crimes of
illegal detention as his bringing B to 4 different places
does not constitute separate crimes of illegal
detention. A committed the continuing offense of
ILLEGAL DETENTION.
2.

X negotiated with Y regarding the purchase of the

latters car in Manila. After the conclusion of the
contract, X and Y met in Angeles City where X paid
Y a post dated check. The check was deposited by
Y in his account at the BDO in Baguio City. The
drawee bank dishonored the check as it is drawn
against insufficient funds. Where can Y file a
complaint for violation of BP 22 against X? Explain.

Y can file a case of Violation of BP 22 in Angeles

City or in Baguio City. Under the law, a person can be
charged in any place where an essential part of the
offense was committed.
Violation of BP 22 is a continuing offense. Venue
in a continuing crime is determined by the place where
any of the elements of the crime was committed.
*NO COMPLEX CRIME IN THE FOLLOWING:
a. In the case of CONTINUING CRIMES
b. When one offense is committed to conceal
the other
c. When the other crime is an indispensable
part or element of other offenses.
d. Where one of the offenses is punishable by
special law
e. In case of special complex crimes
f. When the law provides for a two-tiered
penalty.
*TWO-TIERED PENALTY is that which occurs when the
law provides that a penalty to a particular crime is in
addition to the penalty imposable for another crime
which results from the commission of such particular
crime.
EXAMPLES:
1. MALTREATMENT OF PRISONERS- penalty of prision
correccional in its medium period to prison mayor
in its minimum period, in addition to his liability for
the physical injuries.
2. DIRECT BRIBERY- penalty of prision mayor in its
minimum and medium periods and a fine of not
less than 3x the value of the gift in addition to the
penalty corresponding to the crime agreed upon, if
the same shall have been committed.
3. OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS OF PROPERTY- any person who by
means of violence or intimidation takes possession
of any real property belonging to another, in
addition to the penalty incurred for the acts of
violence shall be punished by a fine from 50-100
per centum of the gain he shall have obtained but
not less than P75.00
**When a complex crime is charged and one offense is
not proven, the accused can be convicted of the other.

**The penalty for the more or most serious crime shall

be imposed, the same to be applied in its maximum
period notwithstanding the presence of mitigating
circumstances; maximum period cannot be offset by
any mitigating circumstance.
EXAMPLE:
A with intent to kill fired his gun at B. The bullet hit B
and C. B sustained a mortal wound which caused his
death. C sustained a mortal wound but he was saved
due to timely medical assistance.
>> A is liable for the complex crime of HOMICIDE WITH
FRUSTRATED HOMICIDE and punished with reclusion
temporal, the penalty imposable to homicide, graver of
2 offenses, to be imposed in its maximum period.
If A surrendered to the police after commission, still
reclusion temporal in its maximum period; cannot be
offset by mitigating circumstance of voluntary
surrender.
**INDETERMINATE SENTENCE LAW APPLY TO COMPLEX
CRIMES- but in fixing maximum penalty imposable to
the offender, the maximum period shall be imposed
regardless
of
presence
of
any
mitigating
circumstances.
ART. 49. PENALTY TO BE IMPOSED UPON THE
PRINCIPALS WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THAT INTENDED. 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.
4. 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.
>Applies only to a case of mistake in identity or error
in personae.
> Does not apply to aberratio ictus because in this
case there is a complex crime and Art 48 applies.
> Does not apply also to PRAETER INTENTIONEM
because in this case, the crime befalls the same
person.

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

> Has no application to cases where a more serious
consequence not intended by the offender befalls the
same person.
ART. 50. PENALTY TO BE IMPOSED UPON
PRINCIPALS OF A FRUSTRATED CRIME. THE
PENALTY NEXT LOWER IN DEGREE THAN THAT
PRESCRIBED BY LAW FOR THE CONSUMMATED
FELONY
SHALL
BE
IMPOSED
UPON
THE
PRINCIPAL IN A FRUSTRATED FELONY.
EXAMPLE:
A stabbed B in the course of the fight. B was mortally
wounded but did not die due to timely medical
intervention. A is liable for frustrated homicide. The
penalty imposable in homicide is Reclusion Temporal.
The penalty next lower in degree is Prision Mayor.
Hence, prision mayor is the penalty imposable in
frustrated murder.
ART. 51. PENALTY TO BE IMPOSED UPON
PRINCIPALS
OF
ATTEMPTED
CRIMES.
A
PENALTY LOWER BY TWO DEGREES THAN THAT
PRESCRIBED BY LAW FOR THE CONSUMMATED
FELONY
SHALL
BE
IMPOSED
UPON
THE
PRINCIPALS IN AN ATTEMPT TO COMMIT A
FELONY.
EXAMPLE:
A with intent to kill hacked B. B was not hit. A is liable
for attempted homicide. The penalty imposable is
Prision Correccional because it is the penalty 2 degrees
lower from Reclusion Temporal.
>> Court may reduce by up to 3 degrees the penalty
prescribed by law for consummated felony upon the
principal in attempted felony.
>> Art 250- applies only to PARRICIDE, MURDER and
HOMICIDE.
ART. 52. PENALTY TO BE IMPOSED UPON
ACCOMPLICES IN CONSUMMATED CRIME. THE
PENALTY NEXT LOWER IN DEGREE THAN THAT
PRESCRIBED BY LAW FOR THE CONSUMMATED
SHALL BE IMPOSED UPON THE ACCOMPLICES IN
THE COMMISSION OF A CONSUMMATED FELONY.
EXAMPLE:
A stabbed B. C who witnessed what A did, hit B with a
stone. B died because of the stab wound. A is liable as
principal by direct participation in the crime of
Homicide. C is liable as an accomplice. The penalty
imposable to C is Prision Mayor because it is the
penalty next lower in degree from Reclusion Temporal,
penalty for Homicide.
ART. 53. PENALTY TO BE IMPOSED UPON
ACCESSORIES TO THE COMMISSION OF A
CONSUMMATED FELONY. THE PENALTY LOWER
BY TWO DEGREES THAN THAT PRESCRIBED BY
LAW FOR THE CONSUMMATED FELONY SHALL BE
IMPOSED UPON THE ACCESSORIES TO THE
COMMISSION OF A CONSUMMATED FELONY.

Correccional because it is the penalty next lower in

degree from Reclusion Temporal, penalty for Homicide.
ART.
54. PENALTY
TO
IMPOSED
UPON
ACCOMPLICES IN A FRUSTRATED CRIME. THE
PENALTY NEXT LOWER IN DEGREE THAN
PRESCRIBED BY LAW FOR THE FRUSTRATED
FELONY
SHALL
BE
IMPOSED
UPON
THE
ACCOMPLICES IN THE COMMISSION OF A
FRUSTRATED FELONY.
A stabbed B. C who was nearby boxed and kicked B. B
suffered a mortal wound but did not die as a result. C
is an accomplice to the crime of Frustrated Homicide.
The penalty imposable to C is Prision Correccional, the
penalty one degree lower from prision mayor, penalty
for Frustrated Homicide.
ART. 55. PENALTY TO BE IMPOSED UPON
ACCESSORIES OF A FRUSTRATED CRIME. THE
PENALTY LOWER BY TWO DEGREES THAN THAT
PRESCRIBED BY LAW FOR THE FRUSTRATED
FELONY
SHALL
BE
IMPOSED
UPON
THE
ACCESSORIES TO THE COMMISSION OF A
FRUSTRATED FELONY.
A stabbed B who suffered a mortal wound. C concealed
the knife used by A knowing that it was an instrument
of the crime. B did not die. C is an accessory to the
crime of Frustrated Homicide. The penalty imposable
upon him is ARRESTO MAYOR, 2 degree lower from
prision mayor, penalty for frustrated homicide.
ART. 56. PENALTY TO BE IMPOSED UPON
ACCOMPLICES IN AN ATTEMPTED CRIME. THE
PENALTY NEXT LOWER IN DEGREE THAN THAT
PRESCRIBED BY LAW FOR AN ATTEMPT TO
COMMIT A FELONY SHALL BE IMPOSED UPON
THE ACCOMPLICES IN AN ATTEMPT TO COMMIT
THE FELONY.
A with intent to kill stabbed B. C who was nearby
boxed B. B suffered a minor stab wound. The crime
committed by A is Attempted Homicide punishable by
prision correccional. C is an accomplice. The penalty
imposable upon him is ARRESTO MAYOR, 1 degree
lower from prision correccional.
ART. 57. PENALTY TO BE IMPOSED UPON
ACCESSORIES OF AN ATTEMPTED CRIME. THE
PENALTY LOWER BY TWO DEGREES THAN THAT
PRESCRIBED BY LAW FOR THE ATTEMPTED
FELONY
SHALL
BE
IMPOSED
UPON
THE
ACCESSORIES TO THE ATTEMPT TO COMMIT A
FELONY.
EXAMPLE:
In the immediately preceding example, C hid the knife
used by A in stabbing B, C is an accessory to the crime
of Attempted Homicide, shall suffer from DESTIERRO,
penalty 2 degrees lower from prision correccional.
CONSUMMAT
ED
0

EXAMPLE:
A killed B. C who knows the commission of the crime
concealed the knife used by A in killing B. C is liable as
accessory. The penalty imposable to C is Prision

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

CONSUMMAT
ED

FRUSTRATED
1

0
CONSUMMAT
ED

FRUSTRATED

ATTEMPTED

PRINCIPA
L

ACCOMP
LICE

ACCESSO
RY

EXCEPTION: NOT APPLICABLE TO CASES IN WHICH THE

LAW EXPRESSLY PRESCRIBES THE PENALTY PROVIDED
FOR FRUSTRATED OR ATTEMPTED FELONY OR TO BE
IMPOSED UPON ACCOMPLICES OR ACCESSORIES.
ART. 58. ADDITIONAL PENALTY TO BE IMPOSED
UPON
CERTAIN ACCESSORIES.
THOSE
ACCESSORIES FALLING WITHIN THE TERMS OF
PARAGRAPHS 3 OF ARTICLE 19 OF THIS CODE
WHO SHOULD ACT WITH ABUSE OF THEIR PUBLIC
FUNCTIONS, SHALL SUFFER THE 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. 59. PENALTY TO BE IMPOSED IN CASE OF
FAILURE TO COMMIT THE CRIME BECAUSE THE
MEANS EMPLOYED OR THE AIMS SOUGHT ARE
IMPOSSIBLE. 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 BY ITS NATURE ONE OF
IMPOSSIBLE ACCOMPLISHMENT OR BECAUSE THE
MEANS EMPLOYED BY SUCH PERSON ARE
ESSENTIALLY INADEQUATE TO PRODUCE THE
RESULT DESIRED BY HIM, THE COURT, HAVING IN
MIND THE SOCIAL DANGER AND THE DEGREE OF
CRIMINALITY SHOWN BY THE OFFENDER, SHALL
IMPOSE UPON HIM THE PENALTY OF ARRESTO
MAYOR OR A FINE FROM 200 TO 500 PESOS.
>> Penalty imposable in IMPOSSIBLE CRIME
ARRESTO MAYOR or a fine ranging from P200-P500.

is

ART. 60. EXCEPTION TO THE RULES ESTABLISHED

IN ARTICLES 50 TO 57. THE PROVISIONS
CONTAINED IN ARTICLES 50 TO 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.
*Cases where the law punishes the accomplice with a
penalty corresponding to the principals:
>> Ascendants, guardians, curators, teachers
and any person who by ABUSE of AUTHORITY or

CONFIDENTIAL RELATIONSHIP shall COOPERATE as

ACCOMPLICES in:
a. RAPE
b. ACTS OF LASCIVIOUSNESS
c. SEDUCTION
d. CORRUPTION OF MINORS
e. WHITE SLAVE
f. ABDUCTION
ART. 61. RULES FOR GRADUATING PENALTIES.
FOR THE PURPOSE OF GRADUATING THE
PENALTIES
WHICH,
ACCORDING
TO
THE
PROVISIONS OF ARTICLES 50 TO 57, INCLUSIVE,
OF THIS CODE, ARE TO BE IMPOSED UPON
PERSONS GUILTY AS PRINCIPALS OF ANY
FRUSTRATED OR ATTEMPTED FELONY, OR AS
ACCOMPLICES
OR
ACCESSORIES,
THE
FOLLOWING RULES SHALL BE OBSERVED:
1. WHEN THE PENALTY PRESCRIBED FOR
THE FELONY IS SINGLE AND INDIVISIBLE,
THE PENALTY NEXT LOWER IN DEGREES
SHALL BE THAT IMMEDIATELY FOLLOWING
THAT INDIVISIBLE PENALTY IN THE
RESPECTIVE
GRADUATED
SCALE
PRESCRIBED IN ARTICLE 71 OF THIS
CODE.
2. WHEN THE PENALTY PRESCRIBED FOR
THE CRIME IS COMPOSED OF TWO
INDIVISIBLE PENALTIES, OR OF ONE OR
MORE DIVISIBLE PENALTIES TO BE IMPOSE
TO THEIR FULL EXTENT, THE PENALTY
NEXT LOWER IN DEGREE SHALL BE THAT
IMMEDIATELY FOLLOWING THE LESSER OF
THE PENALTIES PRESCRIBED IN THE
RESPECTIVE GRADUATED SCALE.
3. WHEN THE PENALTY PRESCRIBED FOR
THE CRIME IS COMPOSED OF ONE OR TWO
INDIVISIBLE
PENALTIES
AND
THE
MAXIMUM PERIOD OF ANOTHER DIVISIBLE
PENALTY, THE PENALTY NEXT LOWER IN
DEGREE SHALL BE COMPOSED OF THE
MEDIUM AND MINIMUM PERIODS OF THE
PROPER DIVISIBLE PENALTY AND THE
MAXIMUM PERIODS OF THE PROPER
DIVISIBLE PENALTY AND THE MAXIMUM
PERIOD
OF
THAT
IMMEDIATELY
FOLLOWING
IN
SAID
RESPECTIVE
GRADUATED SCALE.
4. WHEN THE PENALTY PRESCRIBED FOR
THE CRIME IS COMPOSED OF SEVERAL
PERIODS,
CORRESPONDING
TO
DIFFERENT DIVISIBLE PENALTIES, THE
PENALTY NEXT LOWER IN DEGREE SHALL
BE
COMPOSED
OF
THE
PERIOD
IMMEDIATELY FOLLOWING THE MINIMUM
PRESCRIBED AND OF THE TWO NEXT
FOLLOWING, WHICH SHALL BE TAKEN
FROM THE PENALTY PRESCRIBED, IF
POSSIBLE;
OTHERWISE
FROM
THE
PENALTY IMMEDIATELY FOLLOWING IN
THE ABOVE MENTIONED RESPECTIVE
GRADUATED SCALE.

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

5. WHEN THE LAW PRESCRIBES A
PENALTY FOR A CRIME IN SOME MANNER
NOT ESPECIALLY PROVIDED FOR IN THE
FOUR PRECEDING RULES, THE COURTS,
PROCEEDING BY ANALOGY, SHALL IMPOSE
CORRESPONDING PENALTIES UPON THOSE
GUILTY
AS
PRINCIPALS
OF
THE
FRUSTRATED FELONY, OR OF ATTEMPT TO
COMMIT
THE
SAME,
AND
UPON
ACCOMPLICES AND ACCESSORIES.
**DEGREE is one unit of a penalty or one of the
penalties enumerated in the graduated scales in Art 71
of the RPC.

**The scale of penalties under Art 71:

1.
2.

Death
Reclusion Perpetua

3.

Reclusion Temporal

4.

Prision Mayor

5.

Prision Correccional

6.

Arresto mayor

7.

Destierro

8.

Arresto Menor

9.

Public Censure

10. Fine
>> Art 61 furnishes the rules for graduation of
penalties by DEGREES; Art 64 by PERIODS.
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 THEREFORE 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

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ARTICLES 46-64 RPC APPLICATION OF PENALTIES

GUILTY OF ANY OF SAID CRIMES A THIRD TIME
OR OFTENER.

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