Criminal Law Book 1 Articles 51 – 60
Art. 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.
Art. 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.
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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Application of Article 50 to 57
|Principal||Penalty imposed by law||1° less||2° less|
|Accomplice||1° less||2° less||3° less|
|Accessory||2° less||3° less||4° less|
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
|Refers to the penalty imposable for a felony committed considering the stages of execution and the degree of participation of the offender||Refers to the duration of the penalty consisting of the maximum, medium, and minimum, after considering the presence or absence of aggravating circumstances|
|May refer to both divisible and indivisible penalties||Refers only to divisible penalties|
- 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
- Stage of the commission of the crime
- Participation of the persons liable
- Presence of aggravating or mitigating circumstances
Art. 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.
- Art is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority.
Example: a) A mayor aided in friend, a wanted criminal, in escaping
b) A senator gives protection to his jueteng lord friend
- Additional Penalties for Public Officers who are accessories
- Absolute perpetual disqualification, if the principal offender is guilty of a grave felony.
- Absolute temporary disqualification if the principal offender is guilty of less grave felony
Art. 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.
- Basis for the imposition of proper penalty in impossible crimes: sopcial danger and degree of criminality shown by the offender.
Example: Juan fired a revolver at Pedro at the distance of 2 kilometers. This shoes stupidity rather than danger. Juan should not be punished as there is no social danger nor degree of criminality.
But if Juan was a convicted felon, act may be punished.
- Article limited to those cases of grave and less grave felonies.
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) knowingly using counterfeited seal or forged signature or stamp of the President
b) illegal possession and use of false treasury or bank note
c) using a falsified document
d) using a falsified dispatch
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001