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Art. 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.
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Consummated
Frustrated
Attempted
Principal
1 less
2 less
Accomplice
1 less
2 less
3 less
Accessory
2 less
3 less
4 less
Notes:
Art 50-57 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.
Degree one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated
scales provided for in Art 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.
Distinctions between Degree and Period
Degree
Period
The rules provided in Arts. 53, 55 and 57 do not apply if the felony is light because accessories are
not liable for the same
Bases for imposition of the penalty under the RPC
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Art. 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.
2 cases wherein the accomplice is punished w/ the same penalty imposed upon the principal
a)
ascendants, guardians, curators, teachers and any person who by abuse of authority or confidential
relationship shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction.
b)
one who furnished the place for the perpetration of the crime of slight illegal detention.
Accessory punished as principal: Art 142 punishes an accessory for knowingly concealed certain
evil practices.
Cases when instead of a penalty 2 degrees lower, one degree for accessory:
a)
b)
c)
d)
Reference:
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001
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