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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.


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


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
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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