31/07/2019
Act No. 3815
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,
and
12. Public censure.
Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not
be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same
maximum period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty
years. (As amended).
Article 71. Graduated scales. In the case in which the law prescribed a penalty lower or higher by one or more
degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or
calling,
4. Public censure,
5. Fine.
Article 72 Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty of two or
more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against
him, beginning with the first in order of time.
Section Three. Provisions common in the last two preceding sections
Article 73. Presumption in regard to the imposition of accessory penalties. Whenever the courts shall impose a
penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42,
43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict.
Article 74. Penalty higher than reclusion perpetua in certain cases. In cases in which the law prescribes a penalty
higher than another given penalty, without specially designating the name of the former, if such higher penalty
should be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next
higher penalty.
Article 75. Increasing or reducing the penalty of fine by one or more degrees. Whenever it may be necessary to
increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for
each degree, by onefourth of the maximum amount prescribed by law, without however, changing the minimum.
The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made
proportional.
Article 76. Legal period of duration of divisible penalties. The legal period of duration of divisible penalties shall be
considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the
manner shown in the following table:
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR
PERIODS
Penalties
Time
included in the included
in
penalty in its entirety minimum period
Reclusion temporal
Time
Time
its included
in
medium period
Time
its included
maximum
in
its
From 12 years and 1 From 12 years and 1 From 14 years, 8 From 17 years, 4
day to 20 years.
day to 14 years and months and 1 day to months and 1 day to
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