Art 73 : Presumption in regard to the imposition of accessory penalties

Whenever courts shall impose penalty which by provision of law, carries with it other penalties ,

According to the provisions of Art. 40, 41, 42, 44, 45 of this Code, it must be understood that the accessory penalties are imposed upon the convict

Accessory penalties deemed imposed by courts without the necessty of making the express pronouncement of their imposition

Subsidiary imprisonment is not an accessory penalty

- judgement of conviction must expressly state that offender shall suffer the subsidiary imprisonment in case of insolvency

Art. 74: PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN CASES in which the law prescribes a penalty higher than another given penalty, without specifically designating the name
of the former, if such higher penalty shoud be that of death, the same peanlty and accessory penalty of rt. 40 shall be considered as the next higher penalty

Death cannot be penalty next higher in degree when not provided by law
- property stolen being mail matter crime is qualified theft and shall be punished by the penalties next higher by two degrees than another given penalty

APPLICATION: judgement should provide that the convict should not be given the benefit of Art. 27 otherwise there would be no difference at all between reclusion perpetua when imposed as penalty
next higher in degree and when it is imposed as the penalty filed by law

REASON : penalty higher than reclusion petpetua cannot be death because penalty of death must be specifically imposed by law as penalty for given crime

Art. 75 : INCREASING OR REDUCING THE PENALTY OF FINE by one / more degrees - whenever it may be necessary to increase or reduce the penalty of fine by 1 or more degrees,
- it shall be increased/reduced, respectively,
- for each degree, by of the maximum amount prescribed by law, without changing the minimum
Same rules shall be observed with regard to fines that do not consist of a fixed amount , but are made proportional

Fines are graudated into degrees for the accomplices and accessories and for the principals in frustrated and attempted felonies
Examples:

FINE : PHP 200 2,000

4/5 of maximum period : 4/5 of 2,000 = 500.00
Increased one degree higher: 200 (minimum is retained) 2,500
Reduced one degree lower: 200-1,500 (2,000-500)

without changing the minimum

Fine must have a minimum and a maximum fixed by law
Ex: penalty is prision correcional or a fine of 200-2,000 or both. Being a minor, one degree lower in accordance with Art. 68
One degree lower: arresto mayor or fine from 200-1,500 under art 75, court cannot change minimum of 200 even if offender is a poor man

Determination of amount of fixed fines

Minimum fine fixed by law
Minimum fine not fixed by law
When law fixes only maximum of the fine, determination of amount to be imposed is left to the sound discretion of the courts, without exceeding the maximum authorized by law

Fine with a minimum Fine without a minimum

- law fixes maximum of the fine
- court cannot change that minimum
-court can impose an amount higher than
the maximum
- law fixes maximum of the fine
-court can impose any amount not
exceeding such maximum
- cannot impose an amount higher than
maximum

Negligent act resulting to damage to property

Fine shall be from amount equal to the value of the damage to 3 times such value
Crime of direct bribery
Bribe of 2,300
 Max fine : 2,300 x 3 = 6, 900
Shall be the basis for lowering penalty by 2 degrees which is penalty for attemped bribery

Art 76. LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES shall be considered as divided into 3 parts
& with 3 parts,
forming 3 periods (min, medium, max) in the manner shown in ff table

Shows manner divisible penalties are divided into 3 periods

Time included in each period: reclusion temporal
1. Reclusion temporal 12 yrs and 1 day as minimum, to 20 yrs as maximum
2. Subtract minimum (disregarding the 1 day from maximum)
20 yrs 12 yrs = 8 year

Art 77
When the penalty is a complex one composed of 3 distinct penalties
Complex penalty penalty prescribed by law composed of 3 distinct penalties, each forming a period: the lighest of them shall be the minimum, the next the medium and most severe the
maximum period
Example: present penalty for treason by a resident alien, which is reclusion temporal to death