Rules For The Application Of Indivisible Penalties


ART. 63

Rules for the application of indivisible penalties:
1. Penalty is single and indivisible – applied regardless of the
   presence of aggravating and mitigating circumstances
 
         Example: Death or Reclusion Perpetua

2. Penalty composed of two indivisible penalties
   a. One aggravating circumstance present – higher penalty
   b. One mitigating circumstance present – lower penalty
   c. Some mitigating circumstances present and no aggravating
      – lower penalty
   d. Mitigating and Aggravating Circumstances are present –
      basis in number and importance

NOTES:

Art 63 applies only when the penalty prescribed by the Code is
either one indivisible penalty or 2 indivisible penalties.

Par.4: the moral value rather than the numerical weight shall
be taken into account.

GENERAL RULE: When the penalty is composed of 2 indivisible
penalties, the penalty cannot be lowered by one degree, no
matter how many mitigating circumstances are present
   
      EXCEPTION: In cases of privileged mitigating circumstances



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