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Article 61 Revised Penal Code Philippines

Article 61 Revised Penal Code

Article 61 of the Revised Penal Code is about Rules for graduating penalties. It is under Chapter Four (Application Of Penalties) of Title Three (Penalties) of the Code.

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.

See also  Article 195 Revised Penal Code Philippines

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.

TABULATION OF THE PROVISIONS OF THE CHAPTER

 Penalty Prescribe for the crimePenalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crimePenalty to be imposed upon the principal in an attempted crime, the accessory in the consummated crime and the accomplices in a frustrated crime.Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crimePenalty to be imposed upon the accessory in an attempted crime
First CaseDeathReclusion PerpetuaReclusion TemporalPrision MayorPrision Correccional
Second CaseReclusion Perpetua to DeathReclusion TemporalPrision MayorPrision CorreccionalArresto Mayor
Third CaseReclusion Temporal in its maximum period to deathPrision Mayor in its maximum period to reclusion temporal in its medium periodPrision correccional in its maximum period to prision mayor in its medium periodArresto Mayor in it’s maximum period to prision correccional in its medium periodFine and Arresto Mayor in its minimum and medium periods
Fourth CasePrision Mayor in its maximum period to reclusion temporal in its medium period.Prision correccional in its maximum period to prision mayor in its medium period.Arresto mayor in its maximum period to prision correccional in its medium period.Fine and Arresto Mayor in its minimum and medium periodsFine.

See also: Article 60 Revised Penal Code

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