Articles 50 - 60 Flashcards
Summary of application for Art. 50-57 of the RPC
Basis for reduction in Art. 50 -53 of the RPC
Penalty prescribed by law for the consummated felony
Basis for reduction in Art. 54 and 55 of the RPC
Penalty prescribed by law for the frustrated felony
Basis for reduction in Art. 56 and 57 of the RPC
Penalty prescribed by law for the attempted felony
Exceptions to the rules in Art. 50 - 57
They shall not apply where the law EXPRESSLY PRESCRIBES the penalty for a frustrated or attempted felony, or to be imposed upon accomplices or accessories
Penalties for these felonies in frustrated stage may be two degrees lower, and if in the attempted stage, three degrees lower (3)
- Parricide
- Murder
- Homicide
The bases for the determination of the extent of penalty to be imposed under the RPC (3)
- The STAGE REACHED by the crime in its development (attempted, frustrated, consummated)
- The PARTICIPATIONS therein of the persons liable
- The AGGRAVATING or MITIGATING circumstances which attended the commission of the crime
What is a degree in relation to penalty?
A degree is one entire penalty, one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 71
What is a period of a penalty?
A period is one of the three equal portions, called minimum, medium, and maximum, of a divisible penalty.
Title of Art. 58 of the RPC
Additional penalty to be imposed upon certain accessories
Additional penalties for public officers who help the author of a crime by misusing their public office and duties as accessories (2)
- Absolute perpetual disqualification, if the principal offender is guilty of a grave felony
- Absolute temporary disqualification, if the principal offender is guilty of a less grave felony
Why does Art. 58 not impose additional penalties in case of light felonies?
Because there are no accomplices in light felonies
Title of Art. 59 of the RPC
Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible
Penalty for impossible crime
Arresto Mayor or fine ranging from 200 - 500 pesos
Basis for imposition of propery penalty under Art. 59 (2)
- Social danger
- Degree of criminality shown by the offender