The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.
Penalty to be imposed upon principals of a frustrated crime. Penalty to be imposed upon principals of attempted crimes. Penalty to be imposed upon accomplices in a consummated crime. Penalty to be imposed upon accessories to the commission of a consummated felony. Penalty to be imposed upon accomplices in a frustrated crime. Penalty to be imposed upon accessories of a frustrated crime.
Penalty to be imposed upon accomplices in an attempted crime. Penalty to be imposed upon accessories of an attempted crime. Additional penalty to be imposed upon certain accessories.
Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. Exceptions to the rules established in articles 50 to Rules for graduating penalties. 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.
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. 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.
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.
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.
As amended by Com. 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. SECTION 2 Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
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.
Rules for the application of indivisible penalties. 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:. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied. When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied.
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.
Rules for the application of penalties which contain three periods. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.
When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.
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. 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.
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. 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.
Rule in cases in which the penalty is not composed of three periods. Imposition of fines. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of article 12 are present.
Penalty to be imposed upon a person under eighteen years of age. Penalty to be imposed when the crime committed is not wholly excusable. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.
Successive service of sentences. In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale:.
Death, 2. Reclusion perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prision correccional, 6. Arresto mayor, 7. Arresto menor, 8. Destierro, 9. Perpetual absolute disqualification, 10 Temporary absolute disqualification.
Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and Public censure. Graduated scales. Preference in the payment of the civil liabilities. Penalty higher than reclusion perpetua in certain cases. Increasing or reducing the penalty of fine by one or more degrees. The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are made proportional. Legal period of duration of divisible penalties.
When the penalty is a complex one composed of three distinct penalties. Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying for analogy the prescribed rules. When and how a penalty is to be executed. Suspension of the execution and service of the penalties in case of insanity. If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.
Suspension of sentence of minor delinquents. When and how the death penalty is to be executed. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the persons under sentence during electrocution as well as during the proceedings prior to the execution.
Notification and execution of the sentence and assistance to the culprit. During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants.
Suspension of the execution of the death sentence. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalty provided in article Place of execution and persons who may witness the same.
Provision relative to the corpse of the person executed and its burial. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor.
Arresto menor. How criminal liability is totally extinguished. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
Prescription of crime. Computation of prescription of offenses. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. When and how penalties prescribe. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;. Computation of the prescription of penalties. Partial Extinction of criminal liability. For good conduct allowances which the culprit may earn while he is serving his sentence.
Obligation incurred by person granted conditional pardon. Effect of commutation of sentence. Allowance for good conduct. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;.
During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and.
During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior.
Special time allowance for loyalty. Who grants time allowances. Such allowances once granted shall not be revoked. Civil liability of a person guilty of felony. Rules regarding civil liability in certain cases. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship, or control or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.
The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable. When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damage has been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations.
Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care of and vigilance over such goods.
No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Subsidiary civil liability of other persons. What is included in civil liability. Indemnification - What is included. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and action to demand the same - Upon whom it devolves.
Share of each person civilly liable. Several and subsidiary liability of principals, accomplices and accessories of a felony - Preference in payment. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories. Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares.
Obligation to make restitution in certain cases. Extinction of civil liability. Obligation to satisfy civil liability. No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine not to exceed P, pesos. As amended by E. Conspiracy and proposal to commit treason - Penalty.
Misprision of treason. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or.
Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. Inciting to war or giving motives for reprisals. Violation of neutrality. Correspondence with hostile country. By prision correccional, if the correspondence has been prohibited by the Government;.
By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death. Flight to enemy's country. Piracy in general and mutiny on the high seas or in Philippine waters. The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.
As amended by Sec. Qualified piracy. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. Arbitrary detention. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days;. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and.
The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person. Delay in the delivery of detained persons to the proper judicial authorities. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel.
As amended by EO No. July 25, Delaying release. Violation of domicile. If the offense be committed in the nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods. Search warrants maliciously obtained and abuse in the service of those legally obtained. Searching domicile without witnesses.
Prohibition, interruption, and dissolution of peaceful meetings. The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings.
The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.
Interruption of religious worship. If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods. Offending the religious feelings.
Crimes Against Public Order. Rebellion, Sedition, and Disloyalty. Rebellion or insurrection - How committed. Article A. That was not the case here because, even at the date of the offences, the maximum sentence for rape was life imprisonment. The intention of the right to no punishment without law was not to punish an offender in exactly same way as would have been the case at the time of the offence.
It simply ensures that a person is not punished more heavily than the maximum penalty applicable at the time of the offence. In this case, the imposition of licence conditions did not make the sentence heavier than it would have been under the earlier regime.
Download the publication for more examples and legal case studies that show how human rights work in practice. Article 7: No punishment without law. Pages in this section T The Human Rights Act Article 2: Right to life Article 3: Freedom from torture and inhuman or degrading treatment Article 4: Freedom from slavery and forced labour Article 5: Right to liberty and security Article 6: Right to a fair trial Article 7: No punishment without law Article 8: Respect for your private and family life Article 9: Freedom of thought, belief and religion Article Freedom of expression Article Freedom of assembly and association Article Right to marry Article Protection from discrimination Article 1 of the First Protocol: Protection of property Article 2 of the First Protocol: Right to education Article 3 of the First Protocol: Right to free elections Article 1 of the Thirteenth Protocol: Abolition of the death penalty.
Article 7 of the Human Rights Act. Administrative organs shall fully heed the opinions of the parties and shall reexamine the facts, grounds and evidence put forward by the parties; if the facts, grounds and evidence put forward by the parties are established, the administrative organs shall accept them. Administrative organs shall not impose heavier penalties on the parties just because the parties have tried to defend themselves.
Article 33 If the facts about a violation of law are well-attested and there are legal basis and if, the citizen involved is to be fined not more than 50 yuan or the legal person or other organization involved is to be fined not more than 1, yuan or a disciplinary warning is to be given, such administrative penalty may be decided on the spot.
The party shall carry out the decision on administrative penalty in accordance with the provisions of Articles 46, 47 and 48 of this Law. Article 34 If a law-enforcing officer decides to impose administrative penalty on the spot, he shall show the party his identification papers for law enforcement, fill out an established and coded form of decision for administrative penalty.
The form of decision for administrative penalty shall be given to the party on the spot. In the form of decision for administrative penalty as stipulated in the preceding paragraph shall be clearly recorded the illegal act committed by the party, the basis for administrative penalty, the amount of fine, the time and place, and the title of the administrative organ. Such form shall also be signed or sealed by the law-enforcing officer.
Law-enforcing officers must submit their decisions on administrative penalty made on the spot to the administrative organs where they belong for the record. Article 35 If a party refuses to accept the decision on administrative penalty made on the spot, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Article 36 Except for the administrative penalties which may be imposed on the spot as provided in Article 33 of this Law, administrative organs, when discovering that citizens, legal persons or other organizations have committed acts for which administrative penalty should be imposed according to law, shall conduct investigation in a comprehensive, objective and fair manner and collect relevant evidence; when necessary, they may conduct inspection in accordance with the provisions of laws and regulations.
Article 37 When administrative organs conduct investigations or inspections, there shall be not less than two law-enforcing officers, who shall show their identification papers to the party or other persons concerned. The party and other persons concerned shall truthfully answer the questions and assist in the investigation or inspection; they may not obstruct such investigation or inspection. Written record shall be made for the inquiry or inspection. When collecting evidence, administrative organs may obtain evidence through sampling; under circumstances where there is a likelihood that the evidence may be destroyed or lost, or difficult to obtain later, administrative organs may, with the approval of their leading members, first register the evidence for preservation and shall make a timely decision on its disposition within seven days.
During this period of time, the party and other persons concerned may not destroy or transfer the evidence. If a law-enforcing officer shares a direct interest with the party, he shall withdraw. Article 38 After an investigation has been concluded, leading members of an administrative organ shall examine the results of the investigation and make the following decisions in light of different circumstances: 1 to impose administrative penalty where an illegal act has really been committed and for which administrative penalty should be imposed, in light of the seriousness and the specific circumstances of the case; 2 to impose no administrative penalty where an illegal act is minor and which may be exempted from administrative penalty according to law; 3 to impose no administrative penalty where the facts about an illegal act are not established; or 4 to transfer the case to a judicial organ where an illegal act constitutes a crime.
Before imposing a heavier administrative penalty for an illegal act which is of a complicated or grave nature, the leading members of an administrative organ shall make a collective decision through discussion. Article 39 To impose administrative penalty according to the provisions of Article 38 of this Law, an administrative organ shall fill out form of decision for administrative penalty.
The following particulars shall be clearly recorded in a form of decision for administrative penalty: 1 name, or title, and address of the party; 2 facts and evidence for the violation of law, regulations or rules; 3 type of and basis for administrative penalty; 4 manner of and time limit for enforcement of administrative penalty; 5 channel and time limit for applying for administrative reconsideration or bringing an administrative lawsuit if the party refuses to accept the decision on administrative penalty; and 6 title of the administrative organ that makes the decision on administrative penalty and the date on which the decision is made.
To the form of decision for administrative penalty must be affixed the seal of the administrative organ that makes the decision on administrative penalty. Article 40 The form of decision for administrative penalty shall be given to the party on the spot after announcement of the decision; if the party is not present, the administrative organ shall, within seven days, serve the form of decision for administrative penalty on the party in accordance with the relevant provisions of the Civil Procedure Law.
Article 41 If, before making a decision on administrative penalty, an administrative organ or its law-enforcing officer, fails to notify, as stipulated in Articles 31 and 32 of this Law, the party of the facts about the violation, grounds and basis on which the administrative penalty is imposed, or refuses to heed the party's statement and self- defense, the decision on administrative penalty shall be invalid, except that the party relinquishes the right to make a statement or to defend himself.
Article 42 An administrative organ, before making a decision on administrative penalty that involves ordering for suspension of production or business, rescission of business permit or license or imposition of a comparatively large amount of fine, shall notify the party that he has the right to request a hearing; if the party requests a hearing, the administrative organ shall arrange for the hearing. The party shall not bear the expenses for the hearing arranged by the administrative organ.
If the party has objection to the administrative penalty that involves restriction of freedom of person, the relevant provisions of Regulations on Administrative Penalties for Public Security shall apply.
Article 43 When a hearing is concluded, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law. Article 45 If the party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, enforcement of the administrative penalty shall not be suspended, except as otherwise prescribed by law. Article 46 The administrative organ that makes the decision on a fine shall be separated from the organ that collects the fine.
Except for circumstances under which fines shall be collected on the spot according to the provisions of Articles 47 and 48 of this Law, no administrative organs that make the decision on administrative penalty or their law-enforcing officers shall collect fines themselves.
The parties shall, within 15 days from the date they receive the forms of decision for administrative penalty, pay the fines to the banks as designated. The banks shall accept the fines and turn them over directly to the State Treasury.
Article 47 If a decision on administrative penalty is made on the spot in accordance with the provisions of Article 33 of this Law, lawenforcing officers may collect fines on the spot under one of the following circumstances: 1 The fines imposed according to law is not more than 20 yuan; or 2 It is difficult to carry out the decision if the fine is not collected on the spot.
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