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


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