ARTICLE 70 THREE-FOLD RULE

1st paragraph Article 70
GENERAL RULE
Serve two or more penalties
Simultaneous as permitted
o Can be served simultaneously with
imprisonment
o Perpetual absolute disqualification
o Perpetual special disqualification
o Temporary absolute
disqualification
o Suspension
o Public censure
o Fine and bond to keep peace
The threefold rule is a law on the service of prison
sentence which provides that a prisoner with
multiple penalties shall not stay longer than
threefold of the most severe penalty imposed upon
him.
RULES
Serve AT LEAST FOUR (4) Sentence of
imprisonment
Same or various offenses
Successive service of sentences
Successively according to the respective
severity of the penalties imposed
Shall not be more than three (3) times the
length of time corresponding to the most
severe of the penalties imposed upon him

o Civil interdiction Shall first serve out the most severe of the
penalties imposed upon him.
o Confiscation and payment of costs
Shall not exceed 40 years
If not possible
EXAMPLE
Serve two or more penalties
Penalty 1: 14 years, 8 months and 1 day
Must serve the penalties successively
Penalty 2: 17 years, 4 months and 1 day
2nd paragraph Article 70
Penalty 3: 14 years, 8 months
In the imposition of the penalties, the order of their
respective severity shall be followed so that they Penalty 4: 12 years
may be executed successively or as nearly as may Most severe: Penalty 2: 17 years, 4 months and 1
be possible, should a pardon have been granted as to day
the penalty or penalties first imposed, or should they
have been served out.
Imposition of penalty
Follows order of respective severity
For successive execution as nearly as
possible
Granted pardon to first penalty or penalties
first imposed
3rd paragraph Article 70
Notwithstanding the provisions of the rule next Impossible application
preceding, the maximum duration of the convicts 1. two or three penalties corresponding to
sentence shall not be more than threefold the length different crimes are imposed
of time corresponding to the most severe of Case 1 Case 2 (three-fold rule)
penalties imposed upon. No other penalty to which Penalty 1: 6 years and 1 day Most severe: 6 years and 1 day
he may be liable shall be inflicted after the sum of
Penalty 2: 6 years and 1 day Multiply by three
those imposed equals the said maximum period.
Penalty 3: 6 years and 1 day
Sentence
Total : 18 years and 3 days Total: 18 years and 3 days
Duration: Not more than threefold the length
Three crimes
of time Sum of the penalties = threefold rule total
Corresponds to imposed most severe penalty
No other penalty to which he may be liable
shall be inflicted after the sum of those
imposed equals the said maximum period.
2. Cannot apply if the sum total of all the terms of RA. No. 9346
imprisonment even if they are more than three,
Under this provision, Death shall no longer
does not exceed the most severe of them when
form part of the equation in the graduation of
the most severe is multiplied by three
penalties
Case 1 Case 2 (three-fold rule)
Effects of RA. No. 9346
Penalty 1: 12 years and 1 Most severe: 17 years, 4
day months and 1 day Downgrade of penalty
Penalty 2: 14 years, 8 Multiply: 52 years and 3 Example: convicted accomplice in
months and 1 day days
kidnapping for ransom
Penalty 3: 17 years, 4
months and 1 day o Before: reclusion perpetua
Total : 44 years and 3 Total: 52 years and 3 days o Now: Reclusion temporal
days
Accomplice will not receive the same
Three crimes sentence as the principal
You can never get a sum higher than the
three-fold rule Same standard would prevail in sentencing
principals and accomplices
Three systems of penalty
Penalty next lower in degree from arresto mayor
Material Accumulation system
Article 71 provides that penalty next lower in
(paragraph 1, 2, 3 of Article 70) degree from arresto mayor is destierro.
Absolute accumulation of crimes and penalties and Arresto mayor
established no limitation whatever, and accordingly, all
penalties for all violations were imposed even if they Imprisonment or complete deprivation of
reached beyond the natural span of human life liberty
Juridical Accumulation System Destierro
(Paragraph 4,5,6 of Article 70) Banishment or only a prohibition from
The service of the several penalties imposed on one and residing within a certain radius from actual
the same culprit is limited to not more than three-fold the residence of the accused for a specified
length of time corresponding to the most severe and in length of time.
no case to exceed 40 years
Note:
Absorption System
Severities of the two must not be judged by the
Observed in imposition of the penalty in complex duration of each penalty but the degree of
crimes, continuing crimes, and specific crimes deprivation of liberty involved.
ARTICLE 71
GRADUAL SCALE
CONSUMMATED FRUSTRATED ATTEMPTED

Principal X 1 degree lower 2 degrees lower

Accomplice 1 degree lower 2 degrees lower 3 degrees lower

Accessory 2 degrees lower 3 degrees lower 3 degrees lower

Degree of Penalty
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