Section Two.

- Effects of the penalties according to their respective nature

Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of perpetual or
temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender >may have held even if conferred
by popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article
shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties of perpetual or
temporal special disqualification for public office, profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term of the
sentence according to the extent of such disqualification.
Article 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of
suffrage. - The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the
offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in
any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted
to hold any public office during the period of his disqualification.
Article 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. -
The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the
offender from holding such office or exercising such profession or calling or right of suffrage during the term of the
sentence.
The person suspended from holding public office shall not hold another having similar functions during the period of
his suspension.
Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his sentence of the rights
of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right
to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.
Article 35. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to
be prevented, and that in case such offense be committed they will pay the amount determined by the court in the
judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case
exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days,
if for a light felony.
Article 36. Pardon; its effect. - A pardon shall not work the restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.
Article 37. Cost; What are included. - Costs shall include fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or
amounts not subject to schedule.
Article 38. Pecuniary liabilities; Order of payment. - In case the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities, the same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Article 39. Subsidiary penalty. - If the convict has no property with which to meet the fine mentioned in the paragraph
3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight
pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year,
and no fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months,
if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if
for a light felony.
 3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be
imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty
is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to
suffer the same deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not
relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April
21, 1969).
Section Three. - Penalties in which other accessory penalties are inherent
Article 40. Death; Its accessory penalties. - The death penalty, when it is not executed by reason of commutation or
pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years
following the date sentence, unless such accessory penalties have been expressly remitted in the pardon.
Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. - The penalties of reclusion
perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the
sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even
though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Article 42. Prision mayor; Its accessory penalties. - The penalty of prision mayor, shall carry with it that of temporary
absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender
shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the
pardon.
Article 43. Prision correccional; Its accessory penalties. - The penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the pardon.
Article 44. Arresto; Its accessory penalties. - The penalty of arresto shall carry with it that of suspension of the right
too hold office and the right of suffrage during the term of the sentence.
Article 45. Confiscation and forfeiture of the proceeds or instruments of the crime. - Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with
which it was committed.
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:
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 Penalty to be
Penalty to be
imposed upon the imposed upon
imposed upon the Penalty to be
principal in an the accessory in
Penalty principal in a imposed upon
attempted crime, the a frustrated
Prescribe for frustrated crime, the accessory
accessory in the crime, and the
the crime and accomplice in in an attempted
consummated crime accomplices in
a consummated crime
and the accomplices an attempted
crime
in a frustrated crime. crime

First Reclusion Prision

Death Reclusion Temporal Prision Mayor
Case Perpetua Correccional

Reclusion
Second Reclusion Prision
Perpetua to Prision Mayor Arresto Mayor
Case Temporal Correccional
Death

Reclusion Prision Mayor in its Prision correccional Arresto Mayor in Fine and
Temporal in maximum period in its maximum it's maximum Arresto Mayor
Third
its maximum to reclusion period to prision period to prision in its minimum
Case
period to temporal in its mayor in its medium correccional in its and medium
death medium period period medium period periods

Prision
Mayor in its
Prision
maximum Arresto mayor in its Fine and Arresto
correccional in its
Fourth period to maximum period to Mayor in its
maximum period Fine.
Case reclusion prision correccional minimum and
to prision mayor in
temporal in in its medium period. medium periods
its medium period.
its medium
period.
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.
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.
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 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.