Rules For Graduating Penalties

Rules for graduating penalties

ART. 61

The rules provided in this Article should also apply in determining the minimum of the Indeterminate Sentence Law (ISL). It also applies in lowering the penalty by one or two degrees by reason of the
presence of the privileged mitigating circumstance, or when the penalty is divisible and there are two or more mitigating circumstances and there are no aggravating circumstances.

GRADUATED SCALE IN ART. 71

Indivisible Penalties:
1. Death
2. Reclusion Perpetua

Divisible Penalties:(maximum,medium,minimum)
1. Reclusion Temporal
2. Prision Correcional
3. Arresto Mayor
4. Destierro
5. Arresto Menor
6. Public Censure
7. Fine

RULES TO BE OBSERVED IN LOWERING THE PENALTY BY ONE OR TWO DEGREES

Rule No. 1:
when the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion temporal.

Rule No. 2:
1. when the penalty is composed of two indivisible penalties; or
2. when the penalty is composed of one or more divisible penalties to be imposed to their full extent the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed

Rule No. 3: 
when the penalty is composed of 1 or 2 indivisible penalties and the maximum period of a divisible penalty

Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper divisible penalty which is RT.

Under the 3 rule, the penalty next lower to RT is composed of the medium and minimum periods of RT and the max of prision mayor.

Rules 4 and 5:
1. if the penalty prescribed in the Code consists of three periods corresponding to different divisible penalties, the penalty next lower is that consisting in the three periods down the scale
2. if the penalty prescribed in the Code consists of two periods, the penalty next lower is that consisting in two periods down the scale
3. if the penalty prescribed in the Code consists in only one period, the penalty next lower is the next period down in the scale

NOTE: Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. It is only after the penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be considered.

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