Art. 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.

CONSUMMATED FRUSTRATED ATTEMPTED

PRINCIPAL Penalty prescribed by law for the 1 degree lower than the penalty 2 degrees lower than the penalty prescribed by law
offense prescribed by law

ACCOMPLICES 1 Degree lower than the penalty 2 degrees lower than the penalty 3 degrees lower than the penalty prescribed by law
prescribed by law prescribed by law for an attempted felony

ACCESSORIES 2 degrees lower than the penalty 3 degrees lower than the penalty 4 degrees lower than the penalty prescribed by law
prescribed prescribed by law for an attempted felony

HABITUAL DELINQUENCY – IF within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, [robbery, theft, estafa, or falsification], he is found guilty of any of said crimes a third time or oftener. (Art. 62)
# OF TIMES PENALTIES + ADDITIONAL PENALTIES
Third Conviction Penalty provided by law for the last crime + prision correccional in its medium and maximum period
Fourth Conviction Penalty provided by law for the last crime + prision mayor in its minimum and medium period
Fifth or Additional Conviction Penalty provided by law for the last crime + prision mayor in its maximum period to reclusion temporal in its
minimum period
Limitation: Notwithstanding the provision 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.
Elements of habitual delinquency:
1. The crimes the offender committed should 
 be serious physical injuries, less serious physical injuries, robbery, theft, estafa, and falsification;
2. There should be at least three convictions
3. Each convictions must come within ten year from date of release or last conviction 
 of the previous crime.
Effect: Additional penalty shall be imposed in the maximum period being an aggravating circumstance.

Ex: A was charged and convicted of robbery he served his sentence. Within 10 years from date of release he committed theft. He
served sentence and again released. Within 10 years he committed another theft. The judgment become final and executory. He served again
and out of prison. Within 10 years against he committed another theft. He is now in trial. Can judge impose recidivism and habitual
delinquency both apply? He is recidivist. At the time he served theft he was previously convicted of a final judgment of robbery embraced
within the same title of the code. He is also habitual delinquent, because within the ten years from the date of his last release he committed a
theft the third time. Both may be considered because they have different effects on criminal liability of the offender. The effect of recidivism is
on the theft committed. It may be offset by mitigating circumstances. Habitual delinquency will give him an additional penalty.

QUASI RECIDIVISM - A quasi-recidivist is a person, who after having been convicted by final judgment, commits a felony
before serving out his sentence. The maximum period shall be imposed. The first crime may be any crime, but the
second must be a felony.
Example: A while serving a final judgment, he was found in possession of illegal drugs. He is not a quasi-recidivist. The second
crime is not a felony, it is a special law.But if reverse, say he was serving sentence for possession of illegal drugs and then inside a crime he
killed a co-inmate. This time quasi recidivism is considered. Maximum period prescribed by law shall be imposed.

HABITUAL DELINQUENCY QUASI-RECIDIVISM

Within a period of 10 years from the date of first release or last Felony was committed after having been convicted by final judgment of
conviction, he is found guilty of any of the crimes below a third an offense, before beginning to serve sentence or while serving the
time or oftener. same.

Crimes involved are serious or less serious physical injuries, First and subsequent conviction may or may not be embraced by the
robbery, theft, estafa, and falsification. same title of the RPC.

Offender shall suffer an additional penalty. Offender shall be punished by the maximum period of the penalty
prescribed by law for the new felony.

Limited to serious or less serious physical injuries, robbery, theft, First crime for which the offender is serving sentence need not be a
estafa, and falsification. crime under the RPC but the second crime must be one under the RPC.

Extraordinary AC which cannot be offset by an MC. Special AC which may be offset by a [special] PMCs but not by OMCs.
 RECIDIVISM HABITAL DELINQUENCY
At least two convictions At least three convictions

Crimes are under the same title of the RPC. Serious physical injuries, less serious physical injuries, robbery,
theft, falsification.

No prescriptive period on the commission of the offense; it does Prescriptive period of 10 years.
not prescribe.

Generic AC, may be OFFSENT Cannot be offset by MCs; it provides for an additional penalty.

RECIDIVISM QUASI-RECIDIVISM
There must be at least two convictions. Likewise there must be two convictions (first by final judgment and
second for the second crime that he has committed).

The crimes must be embraced in the same title of the Code, No such requisite, only that the second crime must be a felony

RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES (ART 63)

1. SINGLE INDIVISIBLE PENALTIES - It shall be applied by the courts regardless of any MC or AC that may have
attended the commission of the deed.
2. TWO INDIVISIBLE PENALTIES – The following rules should be observed in the application thereof:

AC/MC EFFECT
1 AC Greater Penalty shall be applied
NO MC/AC Lesser Penalty shall be applied
Some MCs and no AC Lesser Penalty shall be applied
Both MCs and ACs Court shall reasonable offset them in consideration of their number and
importance and then apply the rules above.
NOTE: When there is a privileged mitigating circumstance, apply it first before computing the penalties
NOTE: Do not consider ISLAW, because it does not apply to indivisible penalties (NO FIXED DURATION!)

Example: RAPE = Penalty is reclusion perpetua (Single and indivisible), it should be imposed without consideration of AC and MC
MURDER = Penalty is reclusion perpetua to death (apply the rule above)

RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS (ART. 64)

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:

NO AC/MC Court shall impose the penalty prescribed by law in its MEDIUM PERIOD

1 MC Court shall impose the penalty prescribed by law in its MINIMUM period

1 AC Court shall impose the penalty prescribed by law in its MAXIMUM period

ACs/MCs Court shall REASONABLE OFFSET those of one class against the other according to their relative weight

2 OR MORE MCS and NO AC Court shall impose the penalty NEXT LOWER to that prescribed by law, in the period that it may deem applicable.

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.

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.
Degree of penalty
Is a penalty prescribed by law for every crime committed whether divisible or
indivisible.
Period of penalty
Refers to the subdivision of every said divisible penalty into three portions, the
first portion is minimum, second is medium, third is maximum
Indivisible penalty - penalty with no fixed duration:
􏰀 death,
􏰀 reclusion
perpetua,
􏰀 perpetual absolute disqualification, 􏰀 perpetual special disqualification,
o NOTE:TemporaryDQhasaduration. 􏰀 public censure, and
􏰀 fine.
Divisible penalty - penalty with fixed duration and therefore can be divided
into three periods. The first portion is minimum, second is medium, and third
is maximum.