Criminal Law 1

Article 70 73
 Art. 70
Successive service of sentences 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 next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:

Death
Reclusion perpetua,
Reclusion temporal,
Prision mayor,
Prision correctional,
Arresto mayor,
Arresto menor,
Destierro,
Perpetual absolute disqualification,
Temporary absolute disqualification,
Suspension from public office, the right to vote and be voted for, the right to follow
profession or calling, and
Public censure
Notwithstanding the provisions of the rule next preceding, the
maximum duration of the convicts sentence shall not be more
than threefold the length of time corresponding to the most
severe of penalties imposed upon. No other penalty to which he
may be liable shall be inflicted after the sum of those imposed
equals the said maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration perpetual
penalties (pena perpetua) shall be computed at thirty years
 1st paragraph Article 70
GENERAL RULE
Serve two or more penalties
Simultaneous as permitted
oCan be served simultaneously with imprisonment
oPerpetual absolute disqualification
oPerpetual special disqualification
oTemporary absolute disqualification
oSuspension
oPublic censure
oFine and bond to keep peace
oCivil interdiction
oConfiscation and payment of costs

If not possible
Serve two or more penalties
Must serve the penalties successively
 2nd paragraph Article 70

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.

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 preceding, the
maximum duration of the convicts sentence shall not be more than
threefold the length of time corresponding to the most severe of
penalties imposed upon. No other penalty to which he may be
liable shall be inflicted after the sum of those imposed equals the
said maximum period.
Sentence
Duration: Not more than threefold the length of time
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.
 Three-fold rule
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.
 Three-fold rule
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
Shall first serve out the most severe of the penalties imposed
upon him.
Shall not exceed 40 years
 Three-fold rule
COMPUTATION

Serve AT LEAST FOUR (4) Sentence of imprisonment

Example:

Penalty 1: 14 years, 8 months and 1 day

Penalty 2: 17 years, 4 months and 1 day
Penalty 3: 14 years, 8 months
Penalty 4: 12 years

Most severe: Penalty 2: 17 years, 4 months and 1 day

 Three-fold rule
Penalty
Penalty 1: 14 years, 8 months
and 1 day
Penalty 2: 17 years, 4 months
and 1 day
Penalty 3: 14 years, 8 months
Penalty 4: 12 years
Sum Three fold rule
Penalty 1: 14 years, 8 17 years, 4 months and
months and 1 day 1 day
Penalty 2: 17 years, 4 x3
months and 1 day
Penalty 3: 14 years, 8
months
Penalty 4: 12 years
59 years, 52 years and 3 days
8 months and 2 days
Three fold rule shall
apply
Max: 40 years
 Impossible application
two or three penalties corresponding to different crimes
are imposed

Case 1 Case 2 (three-fold rule)

Penalty 1: 6 years and 1 day Most severe: 6 years and 1 day
Penalty 2: 6 years and 1 day Multiply by three
Penalty 3: 6 years and 1 day
Total : 18 years and 3 days Total: 18 years and 3 days

Three crimes
Sum of the penalties = threefold rule total
 Impossible application

Cannot apply if the sum total of all the terms of

imprisonment even if they are more than three, does not
exceed the most severe of them when the most severe is
multiplied by three
Case 1 Case 2 (three-fold rule)
Penalty 1: 12 years and 1 day Most severe: 17 years, 4 months and 1
Penalty 2: 14 years, 8 months and 1 day
day Multiply: 52 years and 3 days
Penalty 3: 17 years, 4 months and 1
day
Total : 44 years and 3 days Total: 52 years and 3 days

Three crimes
You can never get a sum higher than the three-fold rule
 Equal penalties

Crime 1 : 3 months and 11 days imprisonment

Crime 2: 2 months imprisonment
Crime 3: 1 month and 1 day imprisonment
Crime 4: 3 months imprisonment
Crime 5: 3 months imprisonment
Culprit must stay in jail for 9 months and 33 days only
Why?
oThree-fold rule states that the maximum duration of the
convicts 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.
In this case
oMost severe: 3 months and 11 days
oMultiply by three: 9 months and 33 days
oMaximum term: 9 months and 33 days
 Three systems of penalty
Material Accumulation system
(paragraph 1, 2, 3 of Article 70)
Absolute accumulation of crimes and penalties and established no limitation
whatever, and accordingly, all penalties for all violations were imposed even if
they reached beyond the natural span of human life
Juridicial Accumulation System
(Paragraph 4,5,6 of Article 70)
The service of the several penalties imposed on one and the same culprit is
limited to not more than three-fold the length of time corresponding to the
most severe and in no case to exceed 40 years

Absorption System
Observed in imposition of the penalty in complex crimes, continuing crimes, and
specific crimes
 Article 71. Graduated scales

In the cases in which the law prescribes 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 compromised 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. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for,
and the right to follow a profession or calling
4. Public censure
5. Fine
Table

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
Is any of the different penalties mentioned by Latin
names in the Revised Penal Code such as Reclusion
Perpetua, Reclusion Temporal, etc.

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
 Period of the Penalty

Is any equal portion of the divisible penalty such

as the maximum, medium and minimum

1. Maximum
Reclusion temporal 2. Medium
3. Minimum

1. Maximum
Prision Mayor 2. Medium
3. Minimum

1. Maximum
Prision correccional 2. Medium
3. Minimum
 RA. No. 9346
Under this provision, Death shall no longer
form part of the equation in the graduation of
penalties
Effects of RA. No. 9346
Downgrade of penalty
Example: convicted accomplice in kidnapping
for ransom
oBefore: reclusion perpetua
oNow: Reclusion temporal
Accomplice will not receive the same sentence as
the principal
Same standard would prevail in sentencing
principals and accomplices
 Penalty next lower in degree from arresto
mayor?
Article 71 provides that penalty next lower in degree from arresto mayor
is destierro.
Arresto mayor
Imprisonment or complete deprivation of liberty

Destierro
Banishment or only a prohibition from residing within a certain radius
from actual residence of the accused for a specified length of time.

Note:
Severities of the two must not be judged by the duration of each
penalties but the degree of deprivation of liberty involved.
 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 the
following the chronological order of the dates of
the final judgements rendered against him,
beginning with the first in order of time.
 Guilty of two or more
offenses
A person found guilty of two or more offenses is
required to pay the corresponding civil
liabilities resulting from different offenses

Civil Liabilities
Payment of Civil Liabilities
Order of payment is not based on the dates of the
commission of offense rather it is satisfied by following
chronological order of the dates of the final judgements
 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,
44 and 45 of this Code, it must be understood that
the accessory penalties are also imposed upon the
convict.
 Accessory penalties
Imposed by the courts
Does not need express pronouncement of imposition

Subsidiary Imprisonment
Not considered an accessory penalty
Judgement in conviction must expressly state that the offender
shall suffer the subsidiary imprisonment in case of solvency