Pinoy Crim
JurisprudenceLaw EnforcementCriminalisticsCrime DetectionSociology of CrimesCorrectional Admin
Practice Exams

Module 1.6: Application and Execution of Penalties

1. Learning Objectives

  • Understand the rules for the application of penalties under the Revised Penal Code.
  • Differentiate the graduation of penalties for principals, accomplices, and accessories, as well as for frustrated and attempted felonies.
  • Analyze the effects of mitigating, aggravating, and privileged mitigating circumstances on the imposition of penalties.
  • Compute penalties accurately, applying the three-fold rule and subsidiary imprisonment.
  • Explain the key provisions of the Probation Law (PD 968) and its application.

2. RULES FOR APPLICATION OF PENALTIES (Art. 46-72, RPC)

A. When penalty is single and indivisible

If the penalty prescribed by law is a single and indivisible penalty (e.g., reclusion perpetua), it shall be applied regardless of any mitigating or aggravating circumstances.

B. When penalty is composed of two indivisible penalties

When the penalty is composed of two indivisible penalties, the following rules apply:

  1. If there is one aggravating circumstance, the greater penalty shall be applied.
  2. If there are no aggravating circumstances but there is a mitigating circumstance, the lesser penalty shall be applied.
  3. If there are both mitigating and aggravating circumstances, they shall offset each other.

C. When penalty is composed of one or two divisible penalties

When the penalty is composed of one or two divisible penalties, the following rules apply:

  1. Maximum Period: Applied when only an aggravating circumstance is present.
  2. Medium Period: Applied when there are no mitigating or aggravating circumstances.
  3. Minimum Period: Applied when only a mitigating circumstance is present.

D. Penalty prescribed by law and penalty actually imposed

  • Penalty Prescribed by Law: The penalty provided for a specific felony in the Revised Penal Code.
  • Penalty Actually Imposed: The penalty imposed by the court after considering all circumstances.

3. GRADUATION OF PENALTIES (Art. 50-57)

  • Penalty for principals, accomplices, accessories:
    • Accomplices: One degree lower than that prescribed for the principal.
    • Accessories: Two degrees lower than that prescribed for the principal.
  • Penalty for frustrated and attempted felonies:
    • Frustrated Felony: One degree lower than that prescribed for the consummated felony.
    • Attempted Felony: Two degrees lower than that prescribed for the consummated felony.
  • Complex crimes (Art. 48): Penalty for the most serious crime in its maximum period.
  • Continued crimes (delito continuado): A single penalty is imposed, but for the most serious crime, in its maximum period.
  • Special complex crimes: Treated as a single offense with a specific penalty (e.g., Robbery with Homicide).

4. RULES FOR APPLICATION WITH CIRCUMSTANCES

  • Effect of mitigating circumstances: If only a mitigating circumstance is present, the penalty shall be imposed in its minimum period.
  • Effect of aggravating circumstances: If only an aggravating circumstance is present, the penalty shall be imposed in its maximum period.
  • When there are both mitigating and aggravating circumstances: They shall offset each other.
  • Privileged mitigating circumstances: These reduce the penalty by one or two degrees (e.g., incomplete self-defense, minority).

5. COMPUTATION OF PENALTIES

  • Successive service of sentences (Art. 70): The maximum duration of the convict's sentence shall not be more than three-fold the length of the most severe penalty.
  • Three-fold rule explained with examples: If a person is sentenced to three penalties of 10 years each, the maximum sentence shall be 30 years.
  • Subsidiary imprisonment (Art. 39): If the convict has no property to pay the fine, he shall be subject to subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court.

6. EXECUTION OF PENALTIES

  • When penalties commence (Art. 35): Penalties shall be served in the order of their respective severity.
  • Preventive imprisonment and credit (Art. 29): Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment.
  • Effects of penalties:
    • Civil Interdiction: Deprivation of the rights of parental authority, guardianship, marital authority, and the right to manage property.
    • Disqualification: Perpetual or temporary special disqualification from public office, profession, or calling.

7. PROBATION LAW (PD 968 as amended)

  • Who may apply: Any person convicted of a crime, not disqualified, may apply for probation.
  • Disqualifications:
    • Sentenced to a term of imprisonment of more than 6 years.
    • Convicted of any crime against the national security or the public order.
    • Previously convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two hundred pesos (P200.00).
    • Who have been once on probation under the provisions of this Decree.
    • Who are already serving sentence at the time the substantive provisions of this Decree became applicable.
  • Conditions of probation:
    • Present himself to the probation officer within 72 hours.
    • Report to the probation officer at least once a month.
    • Devote himself to a specific employment and not to change said employment or residence without the prior written approval of the probation officer.

8. Quick Review Tables

Circumstance Effect on Penalty
Mitigating (1) Minimum Period
Aggravating (1) Maximum Period
Mitigating & Aggravating Offset each other (Medium Period)
Privileged Mitigating (1) Lower by 1-2 degrees
Participation Level Penalty Graduation
Principal Prescribed Penalty
Accomplice 1 Degree Lower
Accessory 2 Degrees Lower
Stage of Execution Penalty Graduation
Consummated Prescribed Penalty
Frustrated 1 Degree Lower
Attempted 2 Degrees Lower

9. 25 Multiple Choice Practice Questions with Answer Key and explanations

  1. What is the effect of a single aggravating circumstance in a crime where the penalty is divisible? a) Minimum period b) Medium period c) Maximum period d) One degree lower

  2. If a crime is punishable by Reclusion Perpetua, and there are two mitigating circumstances, what is the penalty to be imposed? a) Reclusion Temporal b) Reclusion Perpetua c) Prision Mayor d) Life Imprisonment

  3. The penalty for an accomplice in a felony is: a) The same as the principal b) One degree lower than the principal c) Two degrees lower than the principal d) Three degrees lower than the principal

  4. For a frustrated felony, the penalty is: a) One degree lower than the consummated felony b) Two degrees lower than the consummated felony c) The same as the consummated felony d) Three degrees lower than the consummated felony

  5. What is the rule in the application of penalty in a complex crime? a) Penalty for the less serious crime b) Penalty for the most serious crime in its minimum period c) Penalty for the most serious crime in its medium period d) Penalty for the most serious crime in its maximum period

  6. An example of a privileged mitigating circumstance is: a) Voluntary surrender b) Plea of guilt c) Incomplete self-defense d) Passion or obfuscation

  7. The three-fold rule in the service of sentence means the maximum duration shall not exceed: a) 20 years b) 30 years c) 40 years d) Three times the most severe penalty

  8. Subsidiary imprisonment is imposed when the convict: a) Is a habitual delinquent b) Has no property to pay the fine c) Is a recidivist d) Has pending cases

  9. Preventive imprisonment is credited to the convict's sentence for: a) Half of the time b) Full time c) One-third of the time d) Two-thirds of the time

  10. A person is disqualified to apply for probation if sentenced to imprisonment of more than: a) 1 year b) 2 years c) 4 years d) 6 years

  11. What is the effect of a privileged mitigating circumstance on the penalty? a) Imposes the minimum period b) Reduces the penalty by one or two degrees c) No effect d) Imposes the medium period

  12. In a continued crime (delito continuado), the penalty is for the: a) Lightest crime b) Most serious crime in its maximum period c) Average of all crimes committed d) Most serious crime in its minimum period

  13. Civil interdiction deprives the offender of all of the following rights EXCEPT: a) Parental authority b) Right to vote c) Guardianship d) Right to manage property

  14. The penalty for an accessory in a felony is: a) One degree lower than the principal b) Two degrees lower than the principal c) The same as the principal d) Three degrees lower than the principal

  15. For an attempted felony, the penalty is: a) One degree lower than the consummated felony b) Two degrees lower than the consummated felony c) The same as the consummated felony d) Three degrees lower than the consummated felony

  16. Who among the following is disqualified to apply for probation? a) A person convicted of a light offense b) A first-time offender c) A person previously convicted of an offense punished by 1 month imprisonment d) A person sentenced to 4 years of imprisonment

  17. When do penalties commence to run? a) Upon promulgation of the sentence b) Upon the date of the commission of the offense c) Upon finality of judgment d) In the order of their respective severity

  18. What is the effect of having two mitigating and one aggravating circumstance? a) Minimum period b) Medium period c) Maximum period d) One degree lower

  19. A special complex crime is treated as: a) Two separate offenses b) A single offense with a specific penalty c) A complex crime under Art. 48 d) A continued crime

  20. What is the first condition of probation? a) Report to the probation officer monthly b) Secure a specific employment c) Present himself to the probation officer within 72 hours d) Pay the civil liability

  21. If the penalty prescribed is composed of two indivisible penalties, and there is one aggravating circumstance, the penalty to be imposed is: a) The lesser penalty b) The greater penalty c) The medium period d) One degree lower

  22. If there are no mitigating or aggravating circumstances, the penalty to be imposed is in the: a) Minimum period b) Medium period c) Maximum period d) Discretion of the court

  23. The penalty for robbery with homicide is an example of a penalty for a: a) Complex crime b) Continued crime c) Special complex crime d) Simple crime

  24. If a person is sentenced to 3 penalties of 12 years each, what is the maximum duration of his sentence? a) 12 years b) 24 years c) 36 years d) 40 years

  25. A person convicted and sentenced to 6 years and 1 day is: a) Qualified for probation b) Disqualified for probation c) May appeal for probation d) Depends on the crime committed

Answer Key and Explanations

  1. c) Maximum period - With one aggravating circumstance, a divisible penalty is applied in its maximum period.
  2. b) Reclusion Perpetua - Reclusion Perpetua is an indivisible penalty and is imposed regardless of mitigating or aggravating circumstances.
  3. b) One degree lower than the principal - Art. 52, RPC.
  4. a) One degree lower than the consummated felony - Art. 50, RPC.
  5. d) Penalty for the most serious crime in its maximum period - Art. 48, RPC.
  6. c) Incomplete self-defense - This is a privileged mitigating circumstance under Art. 69, RPC.
  7. d) Three times the most severe penalty - Art. 70, RPC, but not to exceed 40 years.
  8. b) Has no property to pay the fine - Art. 39, RPC.
  9. b) Full time - Art. 29, RPC, as amended by R.A. 10592.
  10. d) 6 years - Sec. 9, PD 968.
  11. b) Reduces the penalty by one or two degrees - Art. 69, RPC.
  12. b) Most serious crime in its maximum period - People v. Madrigal-Gonzales, G.R. No. L-16688-90, April 30, 1963.
  13. b) Right to vote - The right to vote is lost as a result of conviction, not civil interdiction.
  14. b) Two degrees lower than the principal - Art. 53, RPC.
  15. b) Two degrees lower than the consummated felony - Art. 51, RPC.
  16. c) A person previously convicted of an offense punished by 1 month imprisonment - Sec. 9(c), PD 968.
  17. d) In the order of their respective severity - Art. 35, RPC.
  18. a) Minimum period - One aggravating circumstance is offset by one mitigating circumstance, leaving one mitigating circumstance.
  19. b) A single offense with a specific penalty - These are composite crimes with specific penalties provided by law.
  20. c) Present himself to the probation officer within 72 hours - Sec. 10, PD 968.
  21. b) The greater penalty - Art. 63, RPC.
  22. b) Medium period - Art. 64(1), RPC.
  23. c) Special complex crime - It is a single indivisible offense.
  24. c) 36 years - Three times the most severe penalty (12 years) is 36 years, which is less than the 40-year limit.
  25. b) Disqualified for probation - The sentence exceeds 6 years.