Application of penalties (Articles 46-77)

Republic Act 9346

This prohibits the imposition of the death penalty

Complex crimes

This is when a single act constitutes to two or more grave or less grave felonies, or when an offense is necessary means for committing the other. This kind of crime shall also receive the punishment of the most serious crime committed in its maximum period

Compound crime

 A single act constitutes two or more grave or less grave felonies requires:

1. a single act performed by the offender; and

2. it produces

   1. two or more grave felonies;

   2. one or more grave and one or more less grave felonies; or

   3. two or more less grave felonies. 

Complex Crime Proper

This is when an offense done is required or a means to commit another which is also punishable under the same law except when the offense is a requisite of a crime or aggravates it

Formal or ideal plurality

This is the kind of plurality described in Article 48 regarding the punishment of complex crimes, or when they commit a continued crime

Real or material plurality

here, there are different crimes in law as well as in the conscience of the  offender, thus, the offender shall be punished for each and every offense that he committed.

Transitory crime

This is when acts material and essential to the crime occur in one province and some in another, in which case, the rule is settled that the court of either province where any of the essential ingredients of the crime took place has jurisdiction to try the case. This is also when a crime is comprised of several acts all resulting to one single crime as a result of one criminal resolution

The penalty for the intended crime in the maximum period

If the penalty prescribed for the felony committed is higher than what the convict intended to commit, the penalty imposed will be:

The penalty for the crime committed in the maximum period

If the penalty prescribed for the felony committed is lower than what the convict intended to commit, the penalty imposed will be:

The higher penalty prescribed to the latter offenses or the penalty for the frustrated crime in its maximum period

If the crime committed results to the attempt or frustration of another crime the penalty imposed will be: 

Penalty of the consummated crime

If the felony is consummated, the principal will get the penalty _______

1 degree lower than the penalty of a consummated crime

If the felony is a frustrated crime, the principal will get the penalty _______

2 degrees lower than the penalty of a consummated crime

If the felony is an attempted crime, the principal will get the penalty _______

1

The accomplice will always get __ degree/s lower than the crime committed

2

The accessory will always get __ degree/s lower than the crime committed

absolute perpetual disqualification

If the accessory used their public functions to commit a grave felony they shall carry with their sentence the punishment of:

absolute temporary disqualification

If the accessory used their public functions to commit a less grave felony they shall carry with their sentence the punishment of:

Degree

This is the division of penalty referring to the entire penalty as a whole

Period

This is the division of penalty which refers to the equal portions of a divisible penalty

Arresto mayor or a fine ranging from 200-500 pesos

This is the punishment imposed for those who commits impossible crimes

The following indivisible penalty

If the penalty for a felony is single and indivisible, the lower degree will be:

The lesser one of the two indivisible penalties or divisible-maximum penalties

If the penalties for a felony are two indivisible penalties, or one or more divisible penalties to be imposed at full extent period, the next lower degree will be:

The medium and minimum periods of the divisible penalty

If the penalties for a felony are one or two indivisible penalties + the maximum period of a divisible penalty, the next lower degree will be:

The minimum of the prescribed penalty to the medium of the next penalty and the same applies for the following

If the penalties for a felony are several periods of different divisible penalties, the next lower degree will be:

1. inherent in the crime

2. a different crime altogether with its own penalty

3. defines a crime

Aggravating circumstances will not be included in worsening the penalty imposed if they are:

The penalty of the crime he committed and prision correccional in its medium and maximum periods

Upon the third conviction, a habitual delinquent will be sentenced to the penalty of

The penalty of the crime he committed and minimum to medium period of prision mayor

Upon the fourth conviction, a habitual delinquent will be sentenced to the penalty of

The penalty of the crime he committed and medium to maximum period of prision mayor to the minimum of reclusion temporal

Upon the fifth conviction, a habitual delinquent will be sentenced to the penalty of

30 years

This is the maximum amount of years which the habitual delinquent must suffer

The greater of the two indivisible penalties 

In cases with two indivisible penalties, there is present only one aggravating circumstance, the penalty applied will be:

The lesser of the two indivisible penalties

In cases with two indivisible penalties, and there is no mitigating or aggravating circumstance, or there is only a mitigating circumstance, the penalty applied will be:

One penalty will offset the other depending on their number and importance

In cases with two indivisible penalties, and there is both a mitigating and aggravating circumstance, the penalty applied will be:

The medium period

If the penalty has three periods and there are neither aggravating nor mitigating circumstances the period applied will be

The minimum period

If the penalty has three periods and there is a mitigating circumstance the period applied will be

The maximum period

If the penalty has three periods and there are aggravating circumstances the period applied will be

The next lower penalty

If the penalty has three periods and there are mitigating circumstances the period applied will be

Arresto mayor maximum - prision correcional minimum

If someone commits a felony in the performance of their duty with accordance to Article 12 of the RPC and not all requisites are met to exempt a person from criminal liability and they be guilty of a grave felony, the penalty imposed shall be

Arresto mayor minimum-medium

If someone commits a felony in the performance of their duty with accordance to Article 12 of the RPC and not all requisites are met to exempt a person from criminal liability and they be guilty of a less grave felony, the penalty imposed shall be

21 years old

if a CICL fails to fulfill their rehabilitation programs and reached 18 years old they may either be discharged, extend the suspension for a certain period of time or until the child reaches this age

One or two degrees lower than the prescribed penalty

This penalty is to be imposed if the felony is not completely excused since they lack requisites with accordance to articles 11 and 12 but majority are present.

40 years

This is the threshold of the years of the three-fold rule wherein three-fold of the most severe punishment of a convicted person must not exceed this amount of years

Four

Three-fold rule can only be applied if there is at least ___ sentences

The consecutive order of the sentences from the most severe to the least severe unless it can be served simultaneously

If the sum of all the total of all sentences to be served does not exceed the three-fold of the maximum period, the convict shall serve

one fourth

Once a penalty is increased or decreased, the fine’s maximum amount shall be increased or decreased by _______ of the amount without changing the minimum

Complex penalty

This is when a penalty imposed by law is from 3 distinct penalties with each penalty forming its own period.