Rules For The Application Of Penalties Which Contain 3 Periods

ART. 64

Rules For The Application Of Divisible Penalties:
1. No aggravating and no mitigating circumstances – medium period
2. One mitigating circumstance – minimum period
3. One aggravating circumstance – maximum period
4. Mitigating and aggravating circumstances offset each other and according to the relative weight
5. 2 or more mitigating without any aggravating circumstance – one degree lower


Art. 64 applies when the penalty has 3 periods because they are divisible. If the penalty is composed of 3 different penalties, each forms a period according to Art. 77

Par. 4: The mitigating circumstances must be ordinary, not privileged. The aggravating circumstances must be generic or specific, not qualifying or inherent.

The court has the discretion to impose the penalty within the limits fixed by law.

Art. 64 is not applicable when the penalty is indivisible or prescribed by special law or a fine.

Cases where the attending aggravating or mitigating circumstances are not considered in the imposition of penalties:
- Penalty that is single and indivisible
- Felonies through negligence
- Where the penalty is only a fine imposed by an ordinance (subject to the discretion of the court – see Article 66)
- Penalty is prescribed by a special law