graduated scales

8/12/2019 Graduated Scales

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Death (Indivisible Penalty)

Reclusion Perpetua (Indivisible Penalty)

17 years, 4 months & 1 day -20 yrs - Maximume!lusion "em#oral 14 years, $ months & 1 day - 17 yrs & 4 months -

Medium

12 years & 1 day % 14 yrs & $ months -Minimum

10 years & 1 day - 12 years - MaximumPrision Mayor $ years & 1 day % 10 years - Medium

years & 1 day % $ years - Minimum

4 years, 2 months & 1 day % years - MaximumPrision 'orre!ional 2 years, 4 months & 1 day % 4 years and 2 months - Medium

months & 1 day - 2 years & 4 moths -Minimum

4 months & 1 day - months - Maximumrrest Mayor 2 months & 1 day % 4 months - Medium

1 month & 1 day % 2 months - Minimum

21 day - 0 days -

Maximum

rresto Menor 11 days % 20 days - Medium

1 day % 10 days -

Minimum


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Section Two.- Rules for the application ofpenalties with regard to the mitigating andaggravating circumstances, and habitualdelinquency.

Article 62.Effect of the attendance of mitigating oraggravating circumstances and of habitualdelinquency.- Mitigating or aggravating circumstancesand habitual delinquency shall be taken into account forthe purpose of diminishing or increasing the penalty inconformity with the following rules:

1. ggravating circumstances which inthemselves constitute a crime speciallypunishable by law or which are included by thelaw in defining a crime and prescribing thepenalty therefor shall not be taken into accountfor the purpose of increasing the penalty.

!. "he same rule shall apply with respect to anyaggravating circumstance inherent in the crimeto such a degree that it must of necessityaccompany the commission thereof.

#. ggravating or mitigating circumstanceswhich arise from the moral attributes of theoffender, or from his private relations with theoffended party, or from any other personalcause, shall only serve to aggravate or mitigatethe liability of the principals, accomplices andaccessories as to whom such circumstances areattendant.

$. "he circumstances which consist in thematerial e%ecution of the act, or in the meansemployed to accomplish it, shall serve toaggravate or mitigate the liability of thosepersons only who had knowledge of them at thetime of the e%ecution of the act or theircooperation therein.

&. 'abitual delinquency shall have the followingeffects:

(a) *pon a third conviction the culpritshall be sentenced to the penaltyprovided by law for the last crime ofwhich he be found guilty and to theadditional penalty of prision correccionalin its medium and ma%imum periods+

(b) *pon a fourth conviction, the culpritshall be sentenced to the penaltyprovided for the last crime of which hebe found guilty and to the additionalpenalty of prision mayor in its minimumand medium periods+ and

(c) *pon a fifth or additional convictionthe culprit shall be sentenced to thepenalty provided for the last crime owhich he be found guilty and to theadditional penalty of prision mayor in itsma%imum period to reclusion tempora

in its minimum period.

otwithstanding the provisions of this article, the total ofthe two penalties to be imposed upon the offender, inconformity herewith, shall in no case e%ceed # years.

or the purpose of this article, a person shall be deemedto be habitual delinquent, is within a period of ten yearsfrom the date of his release or last conviction of thecrimes of serious or less serious physical in/uries, robohurto, estafa or falsification, he is found guilty of any osaid crimes a third time or oftener.

Article 63.Rules for the application of indivisiblepenalties.- 0n all cases in which the law prescribes asingle indivisible penalty, it shall be applied by the courtsregardless of any mitigating or aggravatingcircumstances that may have attended the commissionof the deed.

0n all cases in which the law prescribes a penaltycomposed of two indivisible penalties, the following rulesshall be observed in the application thereof:

1. hen in the commission of the deed there is

present only one aggravating circumstance, thegreater penalty shall be applied.

!. hen there are neither mitigating noaggravating circumstances and there is noaggravating circumstance, the lesser penaltyshall be applied.

#. hen the commission of the act is attendedby some mitigating circumstances and there isno aggravating circumstance, the lesser penaltyshall be applied.

$. hen both mitigating and aggravatingcircumstances attended the commission of theact, the court shall reasonably allow them tooffset one another in consideration of theinumber and importance, for the purpose oapplying the penalty in accordance with thepreceding rules, according to the result of suchcompensation.

Article 64.Rules for the application of penalties whichcontain three periods.- 0n cases in which the penaltiesprescribed by law contain three periods, whether it be a


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single divisible penalty or composed of three differentpenalties, each one of which forms a period inaccordance with the provisions of rticles 23 and 22, thecourt shall observe for the application of the penalty thefollowing rules, according to whether there are or are notmitigating or aggravating circumstances:

1. hen there are neither aggravating normitigating circumstances, they shall impose the

penalty prescribed by law in its medium period.

!. hen only a mitigating circumstances ispresent in the commission of the act, they shallimpose the penalty in its minimum period.

#. hen an aggravating circumstance is presentin the commission of the act, they shall imposethe penalty in its ma%imum period.

$. hen both mitigating and aggravatingcircumstances are present, the court shallreasonably offset those of one class against the

other according to their relative weight.

&. hen there are two or more mitigatingcircumstances and no aggravatingcircumstances are present, the court shallimpose the penalty ne%t lower to that prescribedby law, in the period that it may deemapplicable, according to the number and natureof such circumstances.

3. hatever may be the number and nature ofthe aggravating circumstances, the courts shallnot impose a greater penalty than that

prescribed by law, in its ma%imum period.

2. ithin the limits of each period, the court shalldetermine the e%tent of the penalty according tothe number and nature of the aggravating andmitigating circumstances and the greater andlesser e%tent of the evil produced by the crime.

Article 65.Rule in cases in which the penalty is notcomposed of three periods.- 0n cases in which thepenalty prescribed by law is not composed of threeperiods, the courts shall apply the rules contained in theforegoing articles, dividing into three equal portions of

time included in the penalty prescribed, and forming oneperiod of each of the three portions.

Article 66.Imposition of fines.- 0n imposing fines thecourts may fi% any amount within the limits establishedby law+ in fi%ing the amount in each case attention shallbe given, not only to the mitigating and aggravatingcircumstances, but more particularly to the wealth ormeans of the culprit.

Article 67.Penalty to be imposed when not all therequisites of exemption of the fourth circumstance of

Article 1 are present.- hen all the conditions requiredin circumstances umber $ of rticle 1! of this 4ode toe%empt from criminal liability are not present, the penaltyof arresto mayorin its ma%imum period to prisioncorreccional in its minimum period shall be imposedupon the culprit if he shall have been guilty of a gravefelony, and arresto mayor in its minimum and mediumperiods, if of a less grave felony.

Article 68.Penalty to be imposed upon a person undereighteen years of age.- hen the offender is a mino

under eighteen years and his case is one coming underthe provisions of the paragraphs ne%t to the last o

rticle 5 of this 4ode, the following rules shall beobserved:

1. *pon a person under fifteen but over nineyears of age, who is not e%empted from liabilityby reason of the court having declared that heacted with discernment, a discretionary penaltyshall be imposed, but always lower by twodegrees at least than that prescribed by law fothe crime which he committed.

!. *pon a person over fifteen and undeeighteen years of age the penalty ne%t lowethan that prescribed by law shall be imposedbut always in the proper period.

Article 69.Penalty to be imposed when the crimecommitted is not wholly excusable.- penalty lower byone or two degrees than that prescribed by law shall beimposed if the deed is not wholly e%cusable by reason othe lack of some of the conditions required to /ustify thesame or to e%empt from criminal liability in the severa

cases mentioned in rticle 11 and 1!, provided that thema/ority of such conditions be present. "he courts shalimpose the penalty in the period which may be deemedproper, in view of the number and nature of theconditions of e%emption present or lacking.

Article 70.!uccessive service of sentence.- hen theculprit has to serve two or more penalties, he shall servethem simultaneously if the nature of the penalties will sopermit otherwise, the following rules shall be observed:

0n the imposition of the penalties, the order of theirespective severity shall be followed so that they may be

e%ecuted successively or as nearly as may be possibleshould a pardon have been granted as to the penalty orpenalties first imposed, or should they have been servedout.

or the purpose of applying the provisions of the ne%tpreceding paragraph the respective severity of thepenalties shall be determined in accordance with thefollowing scale:

1. 6eath,


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!. Reclusion perpetua,

#. Reclusion temporal,

$. 7rision mayor,

&. 7rision correccional,

3. rresto mayor,

2. rresto menor,

5. 6estierro,

8. 7erpetual absolute disqualification,

1 "emporal absolute disqualification.

11. 9uspension from public office, the right tovote and be voted for, the right to follow aprofession or calling, and

1!. 7ublic censure.

otwithstanding the provisions of the rule ne%tpreceding, the ma%imum duration of the convictssentence shall not be more than three-fold the length oftime corresponding to the most severe of the penaltiesimposed upon him. o other penalty to which he may beliable shall be inflicted after the sum total of thoseimposed equals the same ma%imum period.

9uch ma%imum period shall in no case e%ceed fortyyears.

0n applying the provisions of this rule the duration ofperpetual penalties (pena perpetua) shall be computedat thirty years. (s amended).

Article 71."raduated scales.- 0n the case in which thelaw prescribed a penalty lower or higher by one or moredegrees than another given penalty, the rules prescribedin rticle 31 shall be observed in graduating suchpenalty.

"he lower or higher penalty shall be taken from the

graduated scale in which is comprised the given penalty.

"he courts, in applying such lower or higher penalty,shall observe the following graduated scales:

94;< =. 1

1. 6eath,

!. Reclusion perpetua,

#. Reclusion temporal,

$. 7rision mayor,

&. 7rision correccional,

3. rresto mayor,

2. 6estierro,

5. rresto menor,

8. 7ublic censure,

1. ine.

94;< =. !

1. 7erpetual absolute disqualification,

!. "emporal absolute disqualification

#. 9uspension from public office, the

right to vote and be voted for, the right tofollow a profession or calling,

$. 7ublic censure,

&. ine.

Article 72Preference in the payment of the civilliabilities.- "he civil liabilities of a person found guilty oftwo or more offenses shall be satisfied by following thechronological order of the dates of the /udgmentsrendered against him, beginning with the first in order o

time.

Section Three.- Provisions common in the last twopreceding sections

Article 73.Presumption in regard to the imposition oaccessory penalties.- henever the courts shall imposea penalty which, by provision of law, carries with it othepenalties, according to the provisions of rticles $, $1$!, $# and $$ of this 4ode, it must be understood thatthe accessory penalties are also imposed upon theconvict.

Article 74.Penalty higher than reclusion perpetua incertain cases.- 0n cases in which the law prescribes apenalty higher than another given penalty, withouspecially designating the name of the former, if suchhigher penalty should be that of death, the same penaltyand the accessory penalties of rticle $, shall beconsidered as the ne%t higher penalty.

Article 75.Increasing or reducing the penalty of fine byone or more degrees.- henever it may be necessaryto increase or reduce the penalty of fine by one or moredegrees, it shall be increased or reduced, respectively


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for each degree, by one-fourth of the ma%imum amountprescribed by law, without however, changing theminimum.

"he same rules shall be observed with regard of finesthat do not consist of a fi%ed amount, but are madeproportional.

Article 76.#egal period of duration of divisible

penalties.- "he legal period of duration of divisiblepenalties shall be considered as divided into three parts,forming three periods, the minimum, the medium, andthe ma%imum in the manner shown in the following table:

Article 77.$hen the penalty is a complex onecomposed of three distinct penalties.- 0n cases in whichthe law prescribes a penalty composed of three distinctpenalties, each one shall form a period+ the lightest ofthem shall be the minimum the ne%t the medium, and themost severe the ma%imum period.

henever the penalty prescribed does not have one of

the forms specially provided for in this 4ode, the periodsshall be distributed, applying by analogy the prescribedrules.

graduated scales

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