31/07/2019
Act No. 3815
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall
be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71
of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more
divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately
following the lesser of the penalties prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the
maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible
penalty and the maximum period of that immediately following in said respective graduated scale.
4. when the penalty prescribed for the crime is composed of several periods, corresponding to different
divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the
minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if
possible; otherwise from the penalty immediately following in the above mentioned respective graduated
scale.
5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four
preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as
principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.
TABULATION OF THE PROVISIONS OF THE CHAPTER
Penalty to be
imposed upon the
Penalty
principal in a
Prescribe for frustrated crime,
the crime
and accomplice in
a consummated
crime
First
Case
Death
Reclusion
Perpetua
Reclusion
Second
Reclusion
Perpetua to
Case
Temporal
Death
Penalty to be imposed
upon the principal in an
attempted crime, the
accessory
in
the
consummated crime and
the accomplices in a
frustrated crime.
Penalty to be
imposed upon the
accessory in a
frustrated crime,
and
the
accomplices in an
attempted crime
Penalty to
be imposed
upon
the
accessory in
an
attempted
crime
Reclusion Temporal
Prision Mayor
Prision
Correccional
Prision Mayor
Prision
Correccional
Arresto
Mayor
Third
Case
Reclusion
Temporal in
its maximum
period
to
death
Prision Mayor in
its
maximum
period
to
reclusion
temporal in its
medium period
Arresto Mayor in
Prision correccional in its
it's
maximum
maximum
period
to
period to prision
prision mayor in its
correccional in its
medium period
medium period
Fourth
Case
Prision
Mayor in its
maximum
period
to
reclusion
temporal in
its medium
period.
Prision
correccional in its
maximum period
to prision mayor
in its medium
period.
Arresto mayor in its
maximum
period
to
prision correccional in its
medium period.
Fine
and
Arresto
Mayor in its
minimum
and medium
periods
Fine and Arresto
Mayor
in
its
Fine.
minimum
and
medium periods
Section Two. Rules for the application of penalties with regard to the mitigating and aggravating
circumstances, and habitual delinquency.
Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are
included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for
the purpose of increasing the penalty.
2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a
degree that it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his
private relations with the offended party, or from any other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are
attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of
them at the time of the execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last
crime of which he be found guilty and to the additional penalty of prision correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of prision mayor in its minimum and medium
periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years
from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto,
estafa or falsification, he is found guilty of any of said crimes a third time or oftener.
https://lawphil.net/statutes/acts/act_3815_1930.html
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