Professional Documents
Culture Documents
Articles 50 to 57
Frustrated
Attempted
0 1 2
1 2 3
2 3 4
Period
Refers to the duration of the penalty consisting of the maximum, medium, and minimum, after considering the presence or absence of aggravating circumstances Refers only to divisible penalties
Note that
Articles 50 to 57
not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. (Article 60)
Degree
one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Article 71.
Period
one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the Code as a penalty for a felony, is in itself a degree.
Note also
That when
there is mitigating or aggravating circumstance, the penalty is lowered or increased by period only.
Except
when the penalty is divisible and there are two or more mitigating and without aggravating circumstances, in which case the penalty is lowered by degree.
Principal Accomplice
Accessory
0 1 2
1 2 3
2 3 4
Graduated Scale
Article 71
Indivisible
1. Death
2. Reclusion perpetua 3. Reculusion temporal 4. Prision mayor 5. Prision correccional 6. Arresto mayor 7. Destierro 8. Arresto menor 9. Public censure 10. Fine
Divisible
A is convicted of attempted homicide for having shot B with intent to kill the latter, but without inflicting a mortal wound. The penalty for consummated homicide is reclusion temporal. The penalty lower by one or more degrees as indicated in the scale. Penalty to be imposed is that penalty lower by two degrees than reclusion temporal, which is prision correccional.
Consummated
Frustrated
Attempted
0 1 2
1 2 3
2 3 4
Indivisible
Divisible
3. Reclusion temporal 4. Prision mayor 5. Prision correccional 6. Arresto mayor 7. Destierro 8. Arresto menor 9. Public censure 10. Fine
Fin