Penalties

Penalties in General

Penalty
Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful, deliberate or negligent act. [Philippine Law Dictionary, Federico B. Moreno, Third Edition, 1988, p. 688, citing People v. Moran, 33 Phil. 431]

Penalties which may be imposed

No felony shall be punishable by any penalty not prescribed by law prior to its commission. [Article 21, RPC]
The penalties that may be imposed, according to the RPC, are those enumerated in Article 25 of the RPC.

Constitutional limitations on penalties

Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. [Const., art. III, sec. 19 (1)] Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. [Const., art. III, sec. 19 (1)]

The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. [Const., art. III, sec. 19 (2)]

Principal Penalties which may be imposed

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Death Reclusion Perpetua Reclusion Temporal Perpetual or Temporary Absolute Disqualification Perpetual or Temporary Special Disqualification Prision Mayor Prision Correccional Arresto Mayor Suspension Destierro Arresto Menor Public Censure Fine Bond to Keep the Peace

Accessory Penalties which may be imposed

1. Perpetual or temporary absolute disqualification 2. Perpetual or temporary special disqualification 3. Suspension from public office, the right to vote and be voted for, the profession or calling 4. Civil interdiction 5. Indemnification 6. Forfeiture or confiscation of instruments and proceeds of the offense 7. Payment of costs

The Death Penalty

The 1987 Constitution prohibited the imposition of the death penalty unless, for compelling reasons involving heinous crimes, the Congress deemed it necessary to impose it. [CONST., art. III, sec. 19 (1)] Pursuant to the 1987 Constitution, Congress enacted Republic Act No. 7659, which imposed the death penalty on certain heinous crimes. The law took effect on 31 December 1993. Subsequently, the death penalty was prohibited from being imposed by Republic Act No. 9346 or An Act Prohibiting the Imposition of Death Penalty in the Philippines. Rep. Act No. 9346 was enacted into law on 24 June 2006 and took effect on 14 July 2006.

People v. Echegaray
The Supreme Court has repeatedly ruled that the death penalty is not a cruel, excessive or unusual punishment. Under the 1987 Constitution, Congress may re-impose the death penalty provided: (i) Congress define or describe what is meant by heinous crimes; and (ii) Congress specify and penalize by death only crimes that qualify as heinous in accordance with the definition or description set in the death penalty bill and designate crimes punishable by reclusion perpetua to death in which latter case, death can only be imposed upon the attendance of circumstances duly proven in court that characterize the crime to be heinous; and (iii) Congress, in enacting the death penalty bill be singularly motivated by compelling reasons involving heinous crimes. Crimes in Rep. Act No. 7659 are heinous for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society.

The Supreme Court held that, insofar as the element of heinousness is concerned, Rep. Act No. 7659 correctly identified crimes warranting the mandatory penalty of death. As to the other crimes in Rep. Act No. 7659 punished by reclusion perpetua to death, they are admittedly no less abominable than those mandatorily penalized by death. The proper time to determine their heinousness is when on automatic review the SC is called upon to pass on a death sentence meted out by the trial court. Compelling reasons go hand in hand with the heinousness of the crimes.

Effects of Rep. Act No. 9346

The imposition of the death penalty was prohibited. [Section 1, Rep. Act No. 9346] In lieu of the death penalty, the following shall be imposed:

a. the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or
b. the penalty of the imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. [Section 2, Rep. Act No. 9346]

Effects of Rep. Act No. 9346

However, Rep. Act No. 9346 provides that persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of its effectivity, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. [Section 3, Rep. Act No. 9346]

Reclusion Perpetua v. Life Imprisonment

1. Reclusion Perpetua is imposed by the Revised Penal Code, while Life Imprisonment is imposed by Special Law 2. Reclusion Perpetua entails imprisonment for only thirty (30) years after which the convict becomes eligible for pardon, while Life Imprisonment does not appear to have any definite extent of duration 3. Reclusion Perpetua carries accessory penalties, while it is not so in Life Imprisonment [People v. Abapo, 239 SCRA 469 (1994), citing People vs. Baguio, 196 SCRA 459 (1991)].

Perpetual or temporary absolute disqualification

Perpetual absolute disqualification shall produce the following effects:

1. The deprivation of the public offices and employments which the offender may have held, even if conferred by popular election; 2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office; 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned; and 4. The loss of all rights to retirement pay or other pension for any office formerly held. [REV. PEN. CODE, art. 30]
In case of temporary absolute disqualification, the disqualification in nos. 2 and 3 above shall last during the term of the sentence. [REV. PEN. CODE, art. 30]

Perpetual or temporary special disqualification

The penalties for perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; and 2. The disqualification for holding similar offices or employment either perpetually or during the term of the sentence, according to the extent of such disqualification. [REV. PEN. CODE, art. 31]

Destierro
The penalty of destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. Although destierro does not constitute imprisonment (which is a typical example of deprivation of liberty), it is nonetheless a deprivation of liberty. [People v. Dionisia Bastasa, G.R. No. 32792, 2 February 1979]

Destierro v Arresto Mayor

Destierro is not higher penalty than arresto mayor. Arresto mayor means imprisonment or complete deprivation of liberty, whereas destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. The respective severities of arresto mayor and destierro must not be judged by the duration of each of these penalties, but by the degree of deprivation of liberty involved. Penologists have always considered destierro lighter than arresto mayor. Such criterion is reflected both in the old Spanish Penal Code and in our Revised Penal Code. In the graduated scale of article 71 the lawmaker has placed destierro below arresto mayor. There is, therefore, no basis in fact or in law for holding that destierro is a higher penalty than arresto mayor and that an offense penalized with destierro falls under the jurisdiction of the court of first instance. [Uy Chin Hua vs. Dinglasan, 86 Phil. 617 (1950)]

When is destierro imposed as a penalty?

1. Serious physical injuries or death under exception circumstances [REV. PEN. CODE, art. 247]
2. In case of failure to give bond for good behavior [REV. PEN. CODE, art. 284] 3. Penalty for concubine in concubinage [REV. PEN. CODE, art. 334] 4. In cases where, after reducing the penalty by one or more degrees, destierro is the proper penalty

Public Censure
Censure, being a penalty, is not proper in acquittal. [Luis B. Reyes, The Revised Penal Code, Book I, Sixteenth Edition, 2006, p. 607, citing People v. Abellera, 69 Phil. 623]

Civil Interdiction
Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward or marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. [REV. PEN. CODE, art. 34]

Bond to Keep the Peace

It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. [REV. PEN. CODE, art. 35] The court shall determine, according to its discretion, the period of duration of the bond. [REV. PEN. CODE, art. 35] Should the person sentenced fail to give the bond as required, he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. [REV. PEN. CODE, art. 35] Under Article 284 of the Revised Penal Code, bond for good behavior is imposed for those convicted for grave and light threats.

Measures of prevention or safety which are not considered penalties

1. The arrest persons, as insanity or confinement and temporary detention of accused well as their detention by reason of imbecility, or illness requiring their in a hospital;

2.

The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein; Suspension from the employment or public office during the trial or in order to institute proceedings; Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates; and Deprivation of rights and reparations which the civil law may establish in penal form. [Article 24, RPC]

3.
4.

5.

Classification of Penalties

Several classification of penalties 1.

2. 3. 4.

Principal v. Accessory
According to divisibility According to gravity According to subject matter

Principal penalties Principal penalties are those expressly imposed by the court in the judgment of conviction. Accessory penalties Accessory penalties are those that are deemed included in the imposition of the principal penalties.

Principal Penalties which may be imposed

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Death Reclusion Perpetua Reclusion Temporal Perpetual or Temporary Absolute Disqualification Perpetual or Temporary Special Disqualification Prision Mayor Prision Correccional Arresto Mayor Suspension Destierro Arresto Menor Public Censure Fine Bond to Keep the Peace

Accessory Penalties which may be imposed

1. Perpetual or temporary absolute disqualification 2. Perpetual or temporary special disqualification 3. Suspension from public office, the right to vote and be voted for, the profession or calling 4. Civil interdiction 5. Indemnification 6. Forfeiture or confiscation of instruments and proceeds of the offense 7. Payment of costs

Classification of penalties according to divisibility

1. 2. Divisible penalties Indivisible penalties

Divisible penalties
Divisible penalties are those that have a fixed duration and are divisible into three periods.
The divisible penalties are reclusion temporal, prision mayor, prision correccional, destierro, suspension, arresto mayor, arresto menor, and fine.

Indivisible penalties
Indivisible penalties are those which have no fixed duration. The indivisible penalties are reclusion perpetua, perpetual absolute or special disqualification, and public censure

Classification of penalties according to their gravity

1. Capital

2. Afflictive penalties
3. Correctional penalties 4. Light penalties

Fine, when afflictive, correctional, or light penalty

A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it be less than 200 pesos. [Article 26, RPC]

Classification of penalties according to subject matter

1. Deprivation of freedom (reclusion, prision, arresto) 2. Restriction of freedom (destierro) 3. Deprivation of rights (disqualification and suspension) 4. Pecuniary (fine)

Duration and Effect of Penalties

Duration of penalties
Reclusion Perpetua Reclusion Temporal Prision Mayor and Temporary Disqualification - 20 years and 1 day to 40 years - 12 years and 1 day to 20 years - 6 years and 1 day to 12 years - 6 months and 1 day to 6 years - 1 month and 1 day to 6 months

Prision correccional, Suspension and destierro

Arresto mayor

Arresto menor
Bond to Keep the Peace

- 1 day to 30 days
- The bond shall be required to cover such period as the court may determine

Period of preventive imprisonment deducted from term of imprisonment

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with fourfifths of the time during which he has undergone preventive imprisonment. [Article 29, RPC] Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. [Article 29, RPC]

Effects of the penalties of perpetual or temporary absolute disqualification

The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office.

Effects of the penalties of perpetual or temporary absolute disqualification

3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly held. [Article 30, RPC]

Effects of the penalties of perpetual or temporary special disqualification

The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects:
The deprivation of the office, employment, profession or calling affected;
The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification. [Article 31, RPC]

1.

2.

Effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage

The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. [Article 32, RPC]

Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage

The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. [Article 33, RPC]

Civil interdiction

Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. [Article 34, RPC]

Effects of bond to keep the peace

It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. [Article 35, RPC] The court shall determine, according to its discretion, the period of duration of the bond. [Article 35, RPC]

Should the person sentenced fail to give the bond as required, he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. [Article 35, RPC]

Costs; what are included

Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. [Article 37, RPC]

Pecuniary liabilities

In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:
The reparation of the damage caused; Indemnification of consequential damages; The fine; and The costs of the proceedings. [Article 38, RPC]

1. 2. 3. 4.

Subsidiary penalty

If the convict has no property with which to meet the fine mentioned in paragraph 3 of Article 38 of the RPC, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: If the principal penalty imposed be prisin correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.

1.

2.

Subsidiary penalty
3. When the principal penalty imposed is higher than prisin correccional no subsidiary imprisonment shall be imposed upon the culprit.

4.

If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists.
The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve. [Article 39, RPC]

5.

Application of Penalties

Successive service of sentences

1. When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit. 2. If the penalties cannot be served simultaneously, they will be served successively on the basis of their severity. 3. The severity of the penalty is based on the following scale:

(i) Death (ii) Reclusion Perpetua (iii) Reclusion Temporal (iv) Prision Mayor (v) Prision Correccional (vi) Arresto Mayor (vii) Arresto Menor (viii) Destierro (ix) Perpetual absolute disqualification (x) Temporary absolute disqualification (xi) Suspension from public office, the right to vote and be voted for, the right to follow profession or calling, and (xii) Public censure

Three-fold rule
The maximum duration of the convicts sentence shall not be more than threefold 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 of those imposed equals the maximum period. Such maximum period shall in no case exceed forty years. The duration of perpetual penalties shall be computed at thirty years. [Art. 70, RPC]

Graduated Scales (Art. 71, RPC)

Scale No. 1

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor Destierro Arresto Menor Public Censure Fine

Scale No. 2
1. 2. 3. Perpetual absolute disqualification Temporary absolute disqualification Suspension from public office, the right to vote and be voted for, and the right to follow a profession or calling Public censure Fine

4. 5.

Degree and Period

A degree is one entire penalty, one whole penalty or one whole unit of the penalties enumerated in the graduated scales provided for in Art. 71, RPC. Each of the penalties of reclusion perpetua, reclusion temporal, prision mayor, etc., enumerated in the graduated scales, is a degree. A period is one of the three equal portions, called minimum, medium and maximum, of a divisible penalty.

Penalty to be imposed upon principals in general

The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. [REV. PEN. CODE, art. 46]
Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony. [REV. PEN. CODE, art. 46]

Penalties upon principals in consummated, frustrated and attempted crime

The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony, which shall be understood as applicable to the consummated felony. [REV. PEN. CODE, art. 46] 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. [REV. PEN. CODE, art. 50] The 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. [REV. PEN. CODE, art. 51]

Penalty on accomplices in consummated, frustrated and attempted crime

The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the accomplices in the commission of a consummated felony. [REV. PEN. CODE, art. 52] The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the accessories in the commission of a frustrated felony. [REV. PEN. CODE, art. 54]

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. [REV. PEN. CODE, art. 56]

Penalty on accessories in a consummated, frustrated and attempted crime

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. [REV. PEN. CODE, art. 53] 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. [REV. PEN. CODE, art. 55] The penalty lower by two degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the attempt to commit a felony. [REV. PEN. CODE, art. 57]

Rules for Graduating Penalties

1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree 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 imposed 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 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. 5. When the law prescribes a penalty for a crime in some manner not specially 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.

Duration of penalties
Reclusion Perpetua Reclusion Temporal Prision Mayor and Temporary Disqualification - 20 years and 1 day to 40 years - 12 years and 1 day to 20 years - 6 years and 1 day to 12 years - 6 months and 1 day to 6 years - 1 month and 1 day to 6 months

Prision correccional, Suspension and destierro

Arresto mayor

Arresto menor
Bond to Keep the Peace

- 1 day to 30 days
- The bond shall be required to cover such period as the court may determine

Effect of mitigating and aggravating circumstances

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 therefor shall not be taken into account for the purpose of increasing the penalty. 2. The same rule shall apply with respect to any aggravating circumstances 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.

Effect of habitual delinquency

1. Upon the 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; 2. Upon the 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 3. 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.

Habitual delinquent
A person shall be deemed to be habitual delinquent, if 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 guilty of any of said crimes a third time or oftener.

Rules in application of indivisible penalties

1. In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. 2. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: (a) When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.

(b) When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied. (c) When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied. (e) When both mitigating and aggravating circumstances attended the commission of the act, the courts shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation

Application of penalties with three periods

1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. 2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. 3. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. 4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. 5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. 6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. 7. Within the limits of each period, the courts shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime.

Plurality of crimes
1. 2. 3. 4. Complex crime Special complex crime Continued or continuing crime Separate and distinct crimes

Complex crime
A complex crime is committed when a single act constitutes two or more grave or less grave felonies (compound crime) or when an offense is a necessary means for committing the other (complex crime proper) [Article 48, RPC]

Two kinds of complex crimes

1. Compound crime or when a single act constitutes two or more grave or less grave felonies 2. Complex crime proper or when an offense is a necessary means for committing the other

Compound crime
1. That only a single act is performed by the offender 2. That the single act produces (i) two or more grave felonies, or (ii) one or more grave and one or more less grave felonies, or (iii) two or more less grave felonies

Complex crime proper

1. That at least two offenses are committed 2. That one or some of the offenses must be necessary to commit the other 3. That both or all of the offenses must be punished under the same statute

A complex crime is only one crime, hence, only one penalty is imposed for the commission of a complex crime

Penalty for complex crime

The penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. [Article 48, RPC]

No complex crime of rebellion

In Enrile v. Salazar, 186 SCRA 217 (1990)), the Supreme Court reiterated that there is no complex crime of rebellion.

It affirmed its ruling in People v. Hernandez, 99 Phil. 515 (1956) which prohibits the complexing of rebellion with any other offense committed on the occasion thereof, either as a means necessary to its commission or as an unintended effect of an activity that constitutes rebellion.

People v. Guillen, 85 Phil. 307 (1950)

Julio Guillen planned to kill the Philippine President, Manuel Roxas, and threw a grenade during a rally in Plaza Miranda, Manila, killing one person and injuring four others. He was charged and convicted by the trial court of the complex crime of murder and multiple frustrated murder. The Supreme Court held that the case before it is clearly governed by the first clause of Article 48 of the RPC because by a single act, that of throwing a highly explosive hand grenade at President Roxas, Guillen committed two grave felonies, namely: (1) murder, of which Simeon Varela was the victim; and (2) multiple attempted murder, of which President Roxas, Alfredo Eva, Jose Fabio, Pedro Carrillo and Emilio Maglalang were the injured parties

Article 48 of the Revised Penal Code above-quoted requires that the penalty for the most serious of said crimes be applied in its maximum period. The penalty for murder is reclusion temporal in its maximum period to death. (Art. 248.) It is our painful duty to apply the law and mete out to the accused the extreme penalty provided by it upon the facts and circumstances hereinabove narrated.

People v. Toling, 62 SCRA 17 (1975)

Twins Jose and Antonio Toling were charged and convicted of multiple murder (9 deaths), multiple frustrated murder (6 victims) and triple homicide (3 victims), when they ran amuck in a Bicol-bound train. The Supreme Court held that the eight killings and the attempted murder were perpetrated by means of different acts. Hence, they cannot be regarded as constituting a complex crime under article 48 of the Revised Penal Code which refers to cases where "a single act constitutes two or more grave felonies, or when an offense is a necessary means for committing the other".

People v. Valdez, 304 SCRA 611 (1999)

Rolando Valdez was charged and convicted by the trial court of complex crime of multiple murder with double frustrated murder and for separate crime of illegal possession of firearms. SC reversed. It was clear from the evidence that the four crimes of murder resulted not from a single act but from several individual and distinct acts. Each act by each gunman pulling the trigger of their respective firearms, aiming each particular moment at different persons constitute distinct and individual acts which cannot give rise to the complex crime of multiple murder. The Supreme Court ruled that Valdez was guilty, not of a complex crime of multiple murder, but of four counts of murder for the death of the four victims in this case. In the same manner, Valdez was likewise held guilty for two counts of frustrated murder.

People v. Salvilla, 184 SCRA671 (1990)

Salvilla and his co-accused were charged in the Information with "Robbery with Serious Physical Injuries and Serious Illegal Detention ("Art. 295, par. 3, in conjunction with Art. 267, RPC"), and sentenced to reclusion perpetua. We agree with the trial court that a complex crime under Article 48 of the Revised Penal Code has been committed such that the penalty for the more serious offense of Serious Illegal Detention (Art. 267, Revised Penal Code), or "reclusion perpetua to death," is to be imposed instead of the penalty prescribed for Robbery with Serious Physical Injuries (Art. 294 (3), which is reclusion temporal.

Under Article 48, a complex crime arises "when an offense is a necessary means for committing the other." The term "necessary means" does not connote indispensable means for if it did then the offense as a "necessary means" to commit another would be an indispensable element of the latter and would be an ingredient thereof. The phrase "necessary means" merely signifies that one crime is committed to facilitate and insure the commission of the other. In this case, the crime of Serious Illegal Detention was such a "necessary means" as it was selected by appellant and his co-accused to facilitate and carry out more effectively their evil design to stage a robbery.

Special complex crimes

Article 48 of the RPC does not apply in special complex crimes, e.g. robbery with homicide (Art. 294, par. 1), robbery with rape (Art. 294, par. 2), kidnapping with murder or homicide (Art. 267, last par.), rape with homicide (Art. 335), because RPC provides for one single penalty for each of those special complex crimes.

Continued crime
A continued or continuous or continuing is a single crime, consisting of a series of acts but all arising from one criminal resolution. Only one penalty shall be imposed. A continued crime is not a complex crime.

Rebellion is a continuing offense

[Umil v. Ramos, 202 SCRA 251 (1991)

People v. De Leon, 49 Phil. 437 (1926)

Vicente de Leon stole two game roosters, belonging to two different owners, in a yard. He was prosecuted for two crimes of theft. The trial court convicted him for one crime of theft only. The crime of theft is an offense against personal property and what is punished is the alarm caused in the community by the perpetration of the act which is violative of the individual rights guaranteed by the law, as well as the damage that said act may occasion to the members of the community. Under sound principles, the act of taking the two roosters, in response to the unity of thought in the criminal purpose on one occasion, is not susceptible of being modified by the accidental circumstance that the article unlawfully taken belonged to two distinct persons. There is no series of acts here for the accomplishment of different purposes, but only of one which was consummated, and which determines the existence of only one crime. The act of taking the roosters in the same place and on the same occasion cannot give rise to two crimes having an independent existence of their own, because there are not two distinct appropriations nor two intentions that characterize two separate crimes.

Transitory crime in criminal procedure to determine venue

Penalty when crime different from that intended [Art. 49, RPC]

Penalty for impossible crime [Art. 59, RPC]

Penalty for minor [Art. 68, RPC]

Penalty for incomplete justifying or exempting circumstances [Art. 69, RPC]

Penalty for incomplete exempting under Art. 12, par. 4, RPC [Art. 67, RPC]