Art. 21. Penalties that may be imposed.

No felony shall be punishable by any penalty not prescribed by law prior to its commission. Not penal provision: - No application to any of the provisions of RPC because every felony defined in the Code already has a penalty prescribed - Neither defines crime nor provides punishment for one Simply an announcement of State policy - Guaranty that no act of a person will be considered criminal until government has made it so and has provided a penalty Reason for the provision - Act/omission cannot be punished by the State if at the time of the commission there was no law prohibiting it - Law cannot be rationally obeyed unless it is first shown; man cannot obey an order that has not been given Constitutional Limitations Art. III. Bill of Rights Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. Not applicable to provisions of RPC - Can be invoked only where some former/subsequent law is under consideration - Must necessarily relate to: Penal laws existing prior to the RPC, in w/c the penalty was less severe than in RPC Laws enacted subsequent to the RPC, in w/c penalty is more favourable to the accused General rule: penal laws apply prospectively - Does not apply to civil liabilityrights of offended persons/innocent parties not w/in gift of arbitrary disposal of State Exception: When retrospective application will be favourable to the person guilty of a felony provided that: - Offender is not a habitual delinquent under Art 62(5) A person who, w/in a period of 10yrs from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification is found guilty of any said crimes a 3rd time or oftener. - New/amendatory law does not provide against its retrospective application Reason for exception: - Sovereign recognizes that the greater severity of the former law is unjust. Ex post facto law

- Act w/c when committed was not a crime, cannot be made so by statute w/o violating the constitution inhibition as to ex post facto laws - Requisites: 1. Makes criminal an act done before the passage of the law and w/c was innocent when done. 2. Aggravates a crime or makes it greater than it was when committed. 3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed. 4. Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense. 5. Assumes to regulate civil rights and remedies only, in effect imposing a penalty or deprivation of a right for something which when done was lawful. 6. Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: 1. Presently on trial for the offense 2. Has already been sentenced but service of which has not begun 3. Already serving sentence Criminal liability under the repealed law subsists: 1. Provisions of former law reenacted 2. Repeal is by implication 3. There is a saving clause No retroactive effect of penal laws as regards jurisdiction of court - Jurisdiction of the court to try a criminal action is to be determined by the law in force at the time of

instituting the action, not at the time of the commission of the crime Art. 23. Effect of pardon by the offended party. A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver. General rule: Pardon by the offended party does not extinguish the criminal liability of the offender. Compromise does not extinguish criminal liability Except as provided in Art. 344 of this Code - Pardon by the offended party will bar criminal prosecution in the ff crimes (Art 344): 1. Adultery and Concubinage - Express/implied pardon must be given by offended party to both offenders - Pardon must be given prior to institution of criminal action 2. Seduction, Abduction, Acts of Lasciviousness - Express pardon given by offended party/parents/grandparents/ guardian 3. Rape (RA 8353) - Subsequent marriage extinguish criminal liability - Pardon by offended party under Art. 344 only a bar to criminal prosecution; not a ground for extinguishment of criminal liability - Civil liability may be extinguished by express waiver of offended party Offense causes 2 classes of injuries - Social injury - Personal injury Art. 24. Measures of prevention or safety which are nor considered

penalties. The following shall not be considered as penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil laws may establish in penal form. As well as their detention by reason of insanity or imbecility (par 1) - Does not refer to the confinement of an insane/imbecile who has not been arrested for a crime - Refers to accused persons who are detained by reason of insanity/imbecility - Their in 2nd clause refers to accused person in 1st clause Why are they not considered penalties? - Because imposed as a result of judicial proceedings - Par 1, 3, 4- merely preventive measures before conviction of offenders - Par 2- commitment of minor not a penalty because it is imposed by the court in a judgment of conviction. The imposition of the sentence in such case is suspended. Fines mentioned in this Art. should not be imposed by Court - Because in that instance they would constitute a penalty - Exception: Commissioner of Civil Service may fine an employee in an amount not exceeding 6months salary

Example of deprivation of rights in penal form - Case of parents who are deprived o their parental authority if found guilty of the crime of corruption of their minor children, in acc w/ Ar. 332 of CC Art. 25. Penalties which may be imposed. The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Scale PRINCIPAL PENALTIES Capital punishment: Death. Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro. Light penalties: Arresto menor, Public censure. Penalties common to the three preceding classes: Fine, Bond to keep the peace.

ACCESSORY PENALTIES Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.

Classification of penalties A. Based on their severity or gravity (Art. 9) 1. Capital 2. Afflictive 3. Correctional 4. Light B. Based on their nature 1. Principal penalties- expressly imposed by the court in the judgment of conviction a. Divisible- have fixed duration and are divisible into 3 periods b. Indivisible- those w/c have no fixed duration i. Death ii. Reclusion perpetua iii. Perpetual absolute or special disqualification iv. Public censure 2. Accessory penalties- deemed included in the principal penalties C. Based on subject matter 1. Corporal (death) 2. Deprivation of freedom (reclusion perpetua and temporal, prision mayor and correcional, arresto mayor and menor) 3. Restriction of freedom (destierro) 4. Deprivation of rights (disqualification and suspension) 5. Pecuniary (fine) Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties RA 9346 prohibited the imposition of the death penalty Reclusion perpetua not the same as life imprisonment - Reclusion perpetua- imprisonment for 20y, 1d 40y (RA 7659)

- Life imprisonment- does not carry accessory penalty, does not have any definite extent or duration Public censure is a penalty- whether accused is guilty or not Penalties that are either principal or accessory: - Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension - Art. 236- punishing the crime of anticipation of duties of a public office, provides for suspension as a principal penalty - Art. 226, 227, 228- punishing infidelity of public officers in the custody of documents, provide for temporary special disqualification as a principal penalty Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos. This Art. determines the classification of a fine whether imposed as a single or as an alternative penalty for a crime Fine/bond to keep the peace is: 1. Afflictive: over P6000 2. Correctional: P200 P600 3. Light penalty: less than P200 Fines are imposed either as alternative (Ex: Art 144 punishing disturbance of proceedings with arresto mayor or fine from 200 pesos to 1000 pesos) or single (Ex. fine of 200 to 6000 pesos) Art. 9 and 26 compared - Discrepancy should be resolved liberally in favor of the accused Art. 9 prevails over Art. 26

Art. 9 In determining prescription of crimes (P200 fine is light felony)

Art. 26 In determining prescription of penalty (P200 fine prescribes in 10 years)correctional penalty, offense involved is a less grave felony

Art. 27. Reclusion perpetua. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Reclusion temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Prision correccional, suspension, and destierro. The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor. The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace. The bond to keep the peace shall be required to cover such period of time as the court may determine.

Duration of different penalties 1. Reclusin perpetua 20 years and 1 day to 40 years 2. Reclusin temporal 12 years and 1 day to 20 years 3. Prisin mayor and temporary disqualification 6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty 4. Prisin correccional, suspensin, and destierro 6 months and 1 day to 6 years, except when suspensin is an accessory penalty, in which case its duration is that of the principal penalty 5. Arresto mayor 1 month and 1 day to 6 months 6. Arresto menor 1 day to 30 days 7. Bond to keep the peace The period is discretionary on the court. Temporary disqualification and suspension - when imposed as accessory penalties, have different durations they follow the duration of the principal penalties Destierro 1. Destierro is a principal, divisible and correctional penalty. 2. Cases when destierro imposed: a. Serious physical injuries or death under exceptional circumstances (Art. 247)

b. In case of failure to give bond for good behavior (Art. 284) c. As a penalty for the concubine in concubinage (Art. 334) d. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty. Bond to keep the peace not specifically provided as a penalty for any felony and therefore cannot be imposed by the court - Bond for good behaviour under Art. 284 of the Code, w/c is required of a person making a grave/light threat, is not required to be given in cases involving other crimes Art. 28. Computation of penalties. Rules on Computation of Penalties: 1. When the offender is in prison the duration of the temporary penalties (Permanent Absolute Disqualification, Temporary Absolute Disqualification, detention, suspension) is from the day on which the judgment of conviction becomes final. 2. When the offender is not in prison the duration of the penalty of deprivation of liberty (imprisonment, destierro) is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty 3. The duration of the other penalties the duration is from the day on w/c the offender commences to serve his sentence Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Reason/Instances when accused undergoes preventive suspension: 1. Offense is non-bailable 2. Bailable but cant furnish bail The full time or 4/5 of the time during which the offenders have undergone preventive suspension

shall be deducted from the penalty imposed: - full time: if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners - four-fifths of the time: if the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners Offenders not entitled to be credited with the full time or fourfifths of the time of their preventive imprisonment: - Recidivists or those convicted previously twice or more times of any crime. - Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily (convicts who failed to voluntarily surrender to serve their penalties under a final judgment, not those who failed or refused to voluntarily surrender after the commission of the crime) Habitual Delinquents are not entitled to credit of time under preventive imprisonment since he is necessarily a recidivist or has been convicted previously twice or more times of any crime.

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. 1. Deprivation of public offices and employments, even if by election 2. Deprivation of right to vote or to be elected 3. Disqualification for the offices or public employments and for the exercise of any of the rights mentioned 4. Loss of right to retirement pay or pension for any office formerly held

Art. 31 and 32. Effects of Perpetual and Temporary Special Disqualification: 1. For public office, profession, or calling (Art. 31) a. Deprivation of the office, employment, profession or calling affected b. Disqualification for holding similar offices or employment during the period of disqualification 2. For the exercise of the right of suffrage (Art. 32) a. Deprivation of the right to vote or to be elected in an office b. Cannot hold any public office during the period of disqualification Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. 1. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence 2. Cannot hold another office having similar functions during the period of suspension Art. 34. Civil Interdiction. Effects; Deprivation of the following rights: 1. Parental rights 2. Guardianship over the ward 3. Marital authority 4. Right to manage property and to dispose of the same by acts inter vivos Civil Interdiction is an accessory penalty to the following principal penalties: 1. If death penalty is commuted to life imprisonment 2. Reclusion perpetua 3. Reclusion temporal *He can dispose of such property by will or donation mortis causa Art. 35. Bonds to keep the peace.

Effects - Offender must present 2 sufficient sureties who shall undertake that the offender will not commit the offense, and that in case it does, they will pay the amount determined by theCorut - Offender must deposit amount w/ clerk of court - Offender may be detained if he cannot give the bond for a period not to exceed 6 months- if grave/less grave felony not to exceed 30 days- if for light felony Different from bail bond- w/c is posted for the provisional release of a person arrested for/accused of a crime Art. 36. Pardon; its effects. Effects of pardon by the President - Does not restore the right to public office or suffrage except when both are expressly restored in the pardon. - Nor does it exempt one from civil liability or from payment of civil indemnity. Limitations to Presidents power to pardon: - can be exercised only after final judgment - does not extend to cases of impeachment - does not extinguish civil liability only criminal liability General Rule: Pardon granted in general terms does not include accessory penalties. Exceptions: 1. if the absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction. However, if the penalty is life imprisonment and after the service of 30 years, a pardon is granted, the pardon does not remove the accessory penalty of absolute perpetual disqualification

2. if the facts and circumstances of the case show that the purpose of the President is to precisely restore the rights i.e., granting absolute pardon after election to a post (mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will Pardon by the offended party does not extinguish criminal liability; may include offended party waiving civil indemnity and it should be done before the institution of the criminal prosecution and extended to both offenders. Art. 37. Costs What are included. 1. Fees 2. Indemnities, in the course of judicial proceedings Costs (expenses of the litigation) are chargeable to the accused in case of conviction. In case of acquittal, the costs are de oficio, each party bearing his own expense. No costs are allowed against the Republic of the Philippines, until law provides the contrary. The payment of costs is fully discretionary on the Court. Art. 38. Pecuniary liabilities Order of payment. 1. The reparation of the damage caused 2. Indemnification of the consequential damages 3. Fine 4. Costs of proceedings When is Art. 38 applicable? - in case the properties of the offender are not sufficient for the payment of all his pecuniary liabilities. Hence, if the offender has insufficient or no property, there is no use for Art 38. Art. 39. Subsidiary penalty What is subsidiary penalty? - It is a subsidiary personal liability to be suffered by the

convict who has no property w/ w/c to meet the fine, at the rate of one day for each P8, subject to the rules in Art. 39. Rules as to subsidiary penalty 1. If the penalty imposed is prisin correccional or arresto and fine subsidiary imprisonment is not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted. 2. When the penalty imposed is fine only subsidiary imprisonment is: - not to exceed 6 months if the culprit is prosecuted for grave or less grave felony, and - not to exceed 15 days if prosecuted for light felony. 3. When the penalty imposed is higher than prisin correccional no subsidiary imprisonment. 4. If the penalty imposed is not to be executed by confinement, but of fixed duration subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as nos. 1, 2 and 3 above. 5. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor. Where no subsidiary penalty shall be imposed 1. The penalty imposed is higher than prisin correccional or 6 years, 2. For non-payment of reparation or indemnification, 3. For non-payment of costs, and 4. Where the penalty imposed is a fine and another penalty without fixed duration, like censure Art. 40-44. Outline of Accessory Penalties Inherent in Principal Penalties. 1. Death, if not executed because of commutation or pardon

2.

3.

4.

5.

a. perpetual absolute disqualification b. civil interdiction during 30 years (if not expressly remitted in the pardon) Reclusion Perpetua and Reclusion Temporal a. civil interdiction for life or during the sentence b. perpetual absolute disqualification (unless expressly remitted in the pardon) Prision Mayor a. temporary absolute disqualification b. perpetual special disqualification from suffage (unless expressly remitted in the pardon) Prision Correccional a. suspension from public office, profession or calling b. perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18 months (unless expressly remitted in the pardon) Arresto a. Suspension of the right to hold office and the right of suffrage during the term of the sentence

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. 2. The proceeds and instruments/tools of the crime are confiscated in favor of the government. 3. The property of 3rd persons (not liable for the offense) is not subject to confiscation and forfeiture. 4. Property not subject of lawful commerce (whether it belongs to the accused or a 3rd person) shall be destroyed.

Art. 46. Penalty to be imposed upon principals in general. General Rule: The penalty prescribed by law in general terms shall be imposed: 1. upon the principals 2. for consummated felony Exception: when the law fixes a penalty for the frustrated or attempted felony. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done, the law fixes a distinct penalty for the principal in the frustrated or attempted felony. The graduation of penalties refers to: 1. By degree a. stages of execution (consummated, frustrated, attempted) b. degree of the criminal participation of the offender (principal, accomplice, accessory) 2. By period a. (minimum, medium, maximum) - refers to the proper period of the penalty w/c should be imposed when aggravating or mitigating circumstances attend the commission of the crime Art. 47. In what cases death penalty shall not be imposed 1. under age - when the offender is under 18 yrs of age at the time of commission. Why? - Because minority is always a mitigating circumstance 2. over age - when the person is more than 70 years old at time RTC sentenced him 3. no court majority - when upon appeal or automatic review of the case by the SC, the vote of eight members is not obtained for the imposition of death Crimes punishable by death under the death penalty law (RA 7659) 1. Treason

2. 3. 4. 5. 6. 7.

Qualified Piracy Qualified Bribery Parricide Murder Infanticide Kidnapping and Serious Illegal Detention 8. Robbery with Homicide, Rape, Intentional Mutilation, or Arson 9. Rape with the use of a deadly weapon, or by two or more persons a. where the victim became insane b. with Homicide 10. Qualified Rape 11. Destructive Arson 12. Plunder 13. Violation of certain provisions of the Dangerous Drugs Act 14. Carnapping Art. 48. Penalty for Complex Crimes. Complex Crime although there actually are two or more crimes, the law treats them as constituting only one- as there is only one criminal intent. Only one information need be filed. 2 Kinds Of Complex Crimes: 1. Compound crime single act constitutes 2 or more grave or less grave felonies Requisites: a. that only one single act is performed by the offender b. that the single act produces i. 2 or more grave felonies ii. one or more grave and one or more less grave felonies iii. 2 or more less grave felonies 2. Complex crime proper when an offense is a necessary means for committing another Requisites: 1. that at least 2 offenses are committed 2. that one or some of the offenses must be necessary to commit the other

3. that both or all the offenses must be punished under the same statute There is no complex crime in the following: 1. In case of continuing crimes 2. When one offense is committed to conceal the other 3. When the other crime is an indispensable part or an element of the other offenses as defined 4. Where one of the offenses is penalized by a special law 5. When the law provides one single penalty for special complex crime: a. Robbery with Homicide b. Robbery with Rape c. Rape with Homicide d. Kidnapping with Serious Physical Injuries e. Kidnapping with Homicide Plurality of crimes consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. Kinds Of Plurality Of Crimes: 1. Formal or Ideal only one criminal liability. Formal or ideal crimes are further divided into three groups, where a person committing multiple crimes is punished with only one penalty: a. when the offender commits any of the complex crimes defined in Art. 48 b. when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide, kidnapping w/ serious physical injuries c. when the offender commits continued crimes 2. Real Or Material there are different crimes in law as well as in the conscience of the offender. In such cases, the offender shall be punished for

each and every offense that he committed. Continued crime refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed. - A continued crime is not a complex crime, as the offender does not perform a single act but a series of acts. Therefore: a. penalty not to be imposed in the maximum b. no actual provision punishing continued crime It is a principle applied in connection with 2 or more crimes committed with a single intention. A continued (continuous or continuing) crime is different from a transitory crime. Transitory crime is moving crime Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. Rules: 1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period.

The offender is criminally liable in: 1. Error in personae mistake in identity 2. Abberatio ictus mistake in blow 3. Praetor intentionem lack of intent to commit so grave a wrong Art. 50-57. Penalty to be imposed.

Art. 58. Additional penalty to be imposed upon certain accessories Additional Penalties for Public Officers who are accessories: 1. Absolute Perpetual Disqualification, if the principal offender is guilty of a grave felony 2. Absolute temporary disqualification, if the principal offender is guilty of less grave felony Art. 59. Penalty for impossible crimes. Basis for the imposition of proper penalty in impossible crimes: social danger and degree of criminality shown by the offender The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500 pesos. Art. 59 is limited to grave and less grave felonies Art. 61. Rules for graduating penalties Indivisible Penalties: 1. Death 2. Reclusion Perpetua Divisible Penalties: (maximum, medium, minimum) 1. Reclusion Temporal 2. Prision Correcional 3. Arresto Mayor 4. Destierro

5. Arresto Menor 6. Public Censure 7. Fine Rule No. 1: when the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion temporal. Rule No. 2: 1. when the penalty is composed of two indivisible penalties; or 2. when the penalty is composed of one or more divisible penalties to be imposed to their full extent the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed Rule No. 3: when the penalty is composed of 1 or 2 indivisible penalties and the maximum period of a divisible penalty - Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper divisible penalty which is RT. - Under the 3rd rule, the penalty next lower to RT is composed of the medium and minimum periods of RT and the max of prision mayor. Rules 4 and 5: 1. if the penalty prescribed in the Code consists of three periods corresponding to different divisible penalties, the penalty next lower is that consisting in the three periods down the scale 2. if the penalty prescribed in the Code consists of two periods, the penalty next lower is that consisting in two periods down the scale 3. if the penalty prescribed in the Code consists in only one period, the penalty next lower is the next period down in the scale