Application Of Article 50 To 57
On Criminal Law
Art.50 - 57
Art. 50: Penalty to be imposed upon principals of a frustrated crime
Art. 51: Penalty to be imposed upon principals of attempted crimes
Art. 52: Penalty to be imposed upon accomplices in consummated crime
Art. 53: Penalty to be imposed upon accessories to the commission of a
consummated felony
Art. 54: Penalty to imposed upon accomplices in a frustrated crime
Art. 55: Penalty to be imposed upon accessories of a frustrated crime
Art. 56: Penalty to be imposed upon accomplices in an attempted crime
Art. 57: Penalty to be imposed upon accessories of an attempted crime
Art.50 - 57 |
NOTES:
Art. 50-57 are not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. (examples: qualified
seduction, flight to enemy country, kidnapping)
Degree – one whole penalty, one entire penalty, or one unit of the penalties enumerated in the graduated scales provided for in Art. 71
Period – one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the Code as a penalty for a felony is in itself a degree.
Distinction Between a Degree and a Period
1. Degree - Refers to the penalty imposable for a felony committed considering the stages of execution and the degree of participation of the offender.
Period - Refers to the duration of the penalty consisting of the maximum, medium, and minimum, after considering the presence or absence of aggravating circumstances.
2. Degree - May refer to both divisible and indivisible penalties.
Period - Refers only divisible penalties.
NOTE: The rules provided in Arts. 53, 55, and 57 do not apply if the felony is light because accessories are not liable for the same.