On

ART. 46

GENERAL RULE: The penalty prescribed by law in general terms
shall be imposed:
1. upon the principals
2. for consummated felony

   EXCEPTION: when the law fixes a penalty for the frustrated or
   attempted felony. Whenever it is believed that the penalty
   lower by one or two degrees corresponding to said acts of
   execution is not proportionate to the wrong done, the law
   fixes a distinct penalty for the principal in the frustrated
   or attempted felony.

The Graduation Of Penalties Refers To:
1. By degree
   a. stages of execution (consummated, frustrated, attempted)
   b. degree of the criminal participation of the offender
      (principal, accomplice, accessory)
2. By period
   - (minimum, medium, maximum) - refers to the proper period
   of the penalty w/c should be imposed when aggravating or
   mitigating circumstances attend the commission of the crime

People v. Formigones (1950)
Facts: The accused without a previous quarrel or provocation
took his bolo and stabbed his wife in the back resulting to
the latter’s death. The accused was sentenced to the penalty
of reclusion perpetua.

Held: The penalty applicable for parricide under Art. 246 of
the RPC is composed only of 2 indivisible penalties, reclusion
perpetua to death. Although the commission of the act is
attended by some mitigating circumstance without any aggravating
circumstance to offset them, Art. 63 of the RPC should be
applied. The said article provides that when the commission of
the act is attended by some mitigating circumstance and there is
no aggravating circumstance, the lesser penalty shall be applied