In cases in which the law prescribes a penalty composed of three
distinct penalties, each one shall form a period; the lightest
of them shall be the minimum the next the medium, and the most
severe the maximum period.
Whenever the penalty prescribed does not have one of the forms
specially provided for in this Code, the periods shall be
distributed, applying by analogy the prescribed rules.
NOTE: If there are 3 distinct penalties; there shall be
a minimum, a medium and a maximum.
Ex: Reclusion temporal max to death
Art. 78. When and how a penalty is to be executed
No penalty shall be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or incidents
than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its performance,
and other incidents connected there with, the relations of the
convicts among themselves and other persons, the relief which
they may receive, and their diet.
The regulations shall make provision for the separation of the
sexes in different institutions, or at least into different
departments and also for the correction and reform of the convicts.
The judgment must be final before it can be
executed, because the accused may still appeal
within 15 days from its promulgation. But if the
defendant has expressly waived in writing his
right to appeal, the judgment becomes final and
Only a penalty by final judgment can be executed. Judgment is
final if the accused has not appealed within 15 days or he has
expressly waived in writing that he will not appeal.
There could be no subsidiary liability if it was not expressly
ordered in the judgment.