ARTICLE 63-80

Article 63. Rules for the application of indivisible penalties. - In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating
or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the
following rules shall be observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the
court shall reasonably allow them to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance with the preceding rules,
according to the result of such compensation.
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Article 63: Indivisible Penalties
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● If a crime has a single penalty, it must be applied no matter what (whether there were factors
that might lessen or worsen the crime’s impact).
● If there are two possible penalties for the crime:
. Apply the harsher penalty if there’s one aggravating factor.
. Apply the lesser penalty if there are no aggravating or mitigating factors.
. Apply the lesser penalty if there’s only a mitigating factor.
. Offset aggravating and mitigating factors if both are present, considering their
importance.

Article 64. Rules for the application of penalties which contain three periods. - In cases in which
the penalties prescribed by law contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a period in accordance with the
provisions of Articles 76 and 77, the court shall observe for the application of the penalty the
following rules, according to whether there are or are not mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they shall impose
the penalty in its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall impose the
penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall reasonably
offset those of one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating circumstances are
present, the court shall impose the penalty next lower to that prescribed by law, in the period that it
may deem applicable, according to the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty according to
the number and nature of the aggravating and mitigating circumstances and the greater and lesser
extent of the evil produced by the crime.

Article 64: Divisible Penalties (Three Periods)

● For crimes with penalties divided into three levels (minimum, medium, and maximum):
. Use the medium level if there are no aggravating or mitigating factors.
. Use the minimum if only a mitigating factor is present.
. Use the maximum if only an aggravating factor is present.
. Offset aggravating and mitigating factors if both exist.
. Use the next lower penalty if there are multiple mitigating factors and no aggravating
ones.
. The maximum penalty should not exceed the prescribed maximum.
. Decide the penalty’s extent based on the crime’s harm and circumstances.

Article 65. Rule in cases in which the penalty is not composed of three periods. - In cases in which
the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal portions of time included in the penalty
prescribed, and forming one period of each of the three portions.

Article 65: Penalties Not in Three Periods

● If the penalty doesn’t come in three levels, courts should divide it into three parts for
application.

Article 66. Imposition of fines. - In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to the
mitigating and aggravating circumstances, but more particularly to the wealth or means of the
culprit.

Article 66: Fines

● When setting fines, courts consider aggravating or mitigating factors and the offender’s
financial status.

Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present. - When all the conditions required in circumstances Number
4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto
mayor in its maximum period to prision correccional in its minimum period shall be imposed upon
the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and
medium periods, if of a less grave felony.

Article 67: Partial Exemption (Fourth Exemption in Article 12)

● If a crime’s partial exemption applies (like self-defense but not fully justified), courts impose a
reduced penalty.

Article 68. Penalty to be imposed upon a person under eighteen years of age. - When the offender
is a minor under eighteen years and his case is one coming under the provisions of the paragraphs
next to the last of Article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by
reason of the court having declared that he acted with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least than that prescribed by law for the crime which
he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period.

Article 68: Penalties for Offenders Under 18

● If the offender is 9-15 and acts with discernment, apply a penalty two degrees lower than
usual.
● If the offender is 15-18, apply a penalty one level lower.
Article 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required to justify the same or to exempt
from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority
of such conditions be present. The courts shall impose the penalty in the period which may be
deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

Article 69: Partial Justification/Exemption

● A lesser penalty applies if most (but not all) justifying or exempting factors are present, with
the penalty level based on the number and nature of factors.

Article 70. Successive service of sentence. - When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that
they may be executed successively or as nearly as may be possible, should a pardon have been
granted as to the penalty or penalties first imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective severity
of the penalties shall be determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
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 three-fold 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 70: Multiple Sentences

● Multiple penalties are served in order of severity, and concurrent service is allowed if
possible.
● The maximum prison time should not exceed three times the most severe sentence or 40
years, whichever is shorter.

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 71: Penalty Scale

● Courts use graduated scales when increasing or reducing penalties by degrees:
○ Scale 1 (e.g., death, reclusion perpetua, and so on).
○ Scale 2 for disqualifications (e.g., loss of voting rights, public censure, fines).
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.

Article 72: Payment of Civil Liabilities

● When an offender has multiple civil liabilities, pay them based on the order of judgment
dates, starting with the oldest.

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 73: Accessory Penalties

● When main penalties include additional penalties (like loss of civil rights), courts
automatically impose these extras.

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 74: Higher Penalty than Reclusion Perpetua

● If the penalty is unspecified but above reclusion perpetua, the death penalty applies with its
accessory penalties.

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 one-fourth 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 75: Adjusting Fines by Degree

● Adjust fines by adding or reducing one-fourth of the maximum per degree without changing
the minimum.

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 Time Time Time

included in included in its included in its included in its
the penalty in minimum medium maximum
its entirety period period
Reclusion From 12 years From 12 years From 14 From 17
temporal and 1 day to and 1 day to years, 8 years, 4
20 years. 14 years and months and 1 months and 1
8 months. day to 17 day to 20
years and 4 years.
months.
Prision mayor, From 10
6 years
8 years
absolute and 1 day to 8
disqualifica- 12
years.
10 years.
tion and
special
temporary
disqualifica-
tion
 tion
Prision From 6 From 6 From 2 years, From 4 years,
correccional, months and 1 months and 1 4 months and 2 months and
suspension day to 6 day to 2 years 1 day to 4 1 day to 6
and destierro years. and 4 years and 2 years.
months. months.
Arresto From 1 month From 1 to 2 From 2 From 4
mayor and 1 day to months. months and 1 months and 1
months. day to 4 day to 6
months. months.
Arresto From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30
menor days. days. days. days.

Article 76: Periods of Divisible Penalties

● Divisible penalties are split into three periods (minimum, medium, maximum) as shown in the
provided table.

Article 77. When the penalty is a complex one composed of three distinct penalties. - In cases in
which the law prescribes a penalty composed of three distinct penalties, each one shall form a
period; the lightest of them shall be the minimum the next the medium, and the most severe the
maximum period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this
Code, the periods shall be distributed, applying by analogy the prescribed rules.
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section One. - General Provisions

Article 77: Complex Penalties with Three Distinct Levels

● If a penalty has three parts, treat the least severe as minimum, the next as medium, and the
most severe as maximum.

Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by
virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the government of the
institutions in which the penalties are to be suffered shall be observed with regard to the character
of the work to be performed, the time of its performance, and other incidents connected therewith,
the relations of the convicts among themselves and other persons, the relief which they may
receive, and their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at
least into different departments and also for the correction and reform of the convicts.

Article 78: Executing Penalties

● Penalties only happen with a final judgment and according to legal methods and rules.
Convicts’ behavior is regulated based on institutional policies.

Article 79. Suspension of the execution and service of the penalties in case of insanity. - When a
convict shall become insane or an imbecile after final sentence has been pronounced, the execution
of said sentence shall be suspended only with regard to the personal penalty, the provisions of the
second paragraph of circumstance number 1 of Article 12 being observed in the corresponding
cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the
penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs
while the convict is serving his sentence.

Article 79: Insanity after Sentencing

● If a convict becomes insane post-sentencing, their punishment pauses until they recover. If
insanity occurs during the sentence, the same rule applies.

Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under
sixteen years of age at the date of the commission of a grave or less grave felony, is accused
thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing
judgment of conviction, shall suspend all further proceedings and shall commit such minor to the
custody or care of a public or private, benevolent or charitable institution, established under the law
of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to
the custody or care of any other responsible person in any other place subject to visitation and
supervision by the Director of Public Welfare or any of his agents or representatives, if there be any,
or otherwise by the superintendent of public schools or his representatives, subject to such
conditions as are prescribed hereinbelow until such minor shall have reached his majority age or for
such less period as the court may deem proper. The court, in committing said minor as provided
above, shall take into consideration the religion of such minor, his parents or next of kin, in order to
avoid his commitment to any private institution not under the control and supervision of the
religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the superintendent
of public schools or his representatives, or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often as required in special cases, a
written report on the good or bad conduct of said minor and the moral and intellectual progress
made by him.
The suspension of the proceedings against a minor may be extended or shortened by the court on
the recommendation of the Director of Public Welfare or his authorized representative or agents, or
the superintendent of public schools or his representatives, according as to whether the conduct of
such minor has been good or not and whether he has complied with the conditions imposed upon
him, or not. The provisions of the first paragraph of this article shall not, however, be affected by
those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the
first paragraph of this article, with the approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper to impose, such minor may be
allowed to stay elsewhere under the care of a responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon him during
his confinement, in accordance with the provisions of this article, he shall be returned to the court
in order that the same may order his final release.
In case the minor fails to behave properly or to comply with the regulations of the institution to
which he has been committed or with the conditions imposed upon him when he was committed to
the care of a responsible person, or in case he should be found incorrigible or his continued stay in
such institution should be inadvisable, he shall be returned to the court in order that the same may
render the judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which he has
been committed, shall be borne totally or partially by his parents or relatives or those persons liable
to support him, if they are able to do so, in the discretion of the court; Provided, That in case his
parents or relatives or those persons liable to support him have not been ordered to pay said
expenses or are found indigent and cannot pay said expenses, the municipality in which the offense
was committed shall pay one-third of said expenses; the province to which the municipality belongs
shall pay one-third; and the remaining one-third shall be borne by the National Government:
Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able
to pay its share in the expenses above mentioned, such share which is not paid by said municipality
shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses;
and in case a chartered city cannot pay said expenses, the internal revenue allotments which may
be due to said city shall be withheld and applied in settlement of said indebtedness in accordance
with section five hundred and eighty-eight of the Administrative Code.

Article 80: Sentences for Minors

● Minors under 16 may avoid a conviction and instead be placed under the custody of an
institution or responsible guardian until maturity. The institution or guardian must report on
the minor’s progress, with adjustments possible based on their behavior.