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.
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 crime | Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime | Penalty 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 crime | Penalty to be imposed upon the accessory in an attempted crime | |
| First Case | Death | Reclusion Perpetua | Reclusion Temporal | Prision Mayor | Prision Correccional |
| Second Case | Reclusion Perpetua to Death | Reclusion Temporal | Prision Mayor | Prision Correccional | Arresto Mayor |
| Third Case | Reclusion Temporal in its maximum period to death | Prision 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 it’s maximum period to prision correccional in its medium period | Fine and Arresto Mayor in its minimum and medium periods |
| Fourth Case | Prision 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 periods | Fine. |
See also: Article 60 Revised Penal Code
