31/07/2019
Act No. 3815
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they
be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce
shall be destroyed.
Chapter Four
APPLICATION OF PENALTIES
Section One. Rules for the application of penalties to the persons criminally liable and for the graduation of the
same.
Article 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the commission of
a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the
consummated felony.
Article 47. In what cases the death penalty shall not be imposed. The death penalty shall be imposed in all cases
in which it must be imposed under existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not
unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said
penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme
Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some
member or members thereof shall have been disqualified from taking part in the consideration of the case, in
which even the unanimous vote and signature of only the remaining justices shall be required.
Article 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.
Article 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. In
cases in which the felony committed is different from that which the offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which
the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum
period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the
accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the
guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher
penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated
crime shall be imposed in its maximum period.
Article 50. Penalty to be imposed upon principals of a frustrated crime. The penalty next lower in degree than that
prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.
Article 51. Penalty to be imposed upon principals of attempted crimes. A penalty lower by two degrees than that
prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a
felony.
Article 52. Penalty to be imposed upon accomplices in consummated crime. The penalty next lower in degree
than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a
consummated felony.
Article 53. Penalty to be imposed upon accessories to the commission of a consummated felony. The penalty
lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the
accessories to the commission of a consummated felony.
Article 54. Penalty to imposed upon accomplices in a frustrated crime. The penalty next lower in degree than
prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated
felony.
Article 55. Penalty to be imposed upon accessories of a frustrated crime. The penalty lower by two degrees than
that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a
frustrated felony.
Article 56. Penalty to be imposed upon accomplices in an attempted crime. The penalty next lower in degree than
that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to
commit the felony.
Article 57. Penalty to be imposed upon accessories of an attempted crime. The penalty lower by two degrees than
that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a
felony.
Article 58. Additional penalty to be imposed upon certain accessories. Those accessories falling within the terms
of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the
additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and
that of absolute temporary disqualification if he shall be guilty of a less grave felony.
Article 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims
sought are impossible. When the person intending to commit an offense has already performed the acts for the
execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was
by its nature one of impossible accomplishment or because the means employed by such person are essentially
inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500
pesos.
Article 60. Exception to the rules established in Articles 50 to 57. The provisions contained in Articles 50 to 57,
inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for
a frustrated or attempted felony, or to be imposed upon accomplices or accessories.
Article 61. Rules for graduating penalties. For the purpose of graduating the penalties which, according to the
provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed:
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