Exception To The Rules Established In Art. 50 To 57
ART. 60
The provisions contained in Articles 50 to 57, inclusive, of this
Code shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.
Arts. 50 to 57 shall not apply to cases where the law expressly
prescribes the penalty for frustrated or attempted felony, or
to be imposed upon accomplices or accessories.
GENERAL RULE: An accomplice is punished by a penalty one degree
lower than the penalty imposed upon the principal.
EXCEPTIONS:
a. The ascendants, guardians, curators, teachers and any
person who by abuse of authority or confidential relationship,
shall cooperate as accomplices in the crimes of rape, acts
of lasciviousness, seduction, corruption of minors, white
slate trade or abduction. (Art. 346)
b. One who furnished the place for the perpetration of the
crime of slight illegal detention. (Art. 268)
Two cases where the accomplice is punished with the same penalty
imposed upon the principal:
1. ascendants, guardians, curators, teachers and any person who,
by abuse of authority or confidential relationship, shall
cooperate as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors, white slave
trade or abduction.
2. one who furnished the place for the perpetration of the crime
of slight illegal detention
NOTE: Accessory punished as principal: Art 142 – punishes an
accessory for knowingly concealing certain evil practices
GENERAL RULE: An accessory is punished by a penalty two degrees
lower than the penalty imposed upon the principal.
EXCEPTION: When accessory is punished as principal – knowingly
concealing certain evil practices is ordinarily an act of the
accessory, but in Art. 142, such act is punished as the act
of the principal.
When accessories are punished with a penalty one degree lower:
Instead of two degrees.
a. Knowingly using counterfeited seal or forged signature or
stamp of the President (Art. 162).
b. Illegal possession and use of a false treasury or bank
note (Art. 168).
c. Using falsified document (Art. 173 par.3 )
d. Using falsified dispatch (Art. 173 par. 2)
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