Section Three.

— Provisions common in the last two preceding

sections
Art. 73. Presumption in regard to the imposition of
accessory penalties . — Whenever the courts shall impose a penalty
which, by provision of law, carries with it other penalties, according
to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must
be understood that the accessory penalties are also imposed upon the
convict. chanrobles virtual law library

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In

cases in which the law prescribes a penalty higher than another given
penalty, without specially designating the name of the former, if such
higher penalty should be that of death, the same penalty and the
accessory penalties of Article 40, shall be considered as the next
higher penalty. ch anrobles virtual law libr ary

Art. 75. Increasing or reducing the penalty of fine by one or more

degrees. — Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by one-fourth of the maximum
amount prescribed by law, without however, changing the minimum. chanrobles

virtual law librar y

The same rules shall be observed with regard of fines that do not
consist of a fixed amount, but are made proportional. chanrobles virtual law library

Art. 76. Legal period of duration of divisible penalties. — The legal

period of duration of divisible penalties shall be considered as divided
into three parts, forming three periods, the minimum, the medium,
and the maximum in the manner shown in the following table:
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE
TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time

included included included included
in the in its in its in its
penalty minimum medium maximum
in its period period
entirety
Reclusion temporal From 12 From 12 From 14 From 17
years years and years, 8 years, 4
and 1 1 day to months months
day to 14 years and 1 and 1 day
20 years. and 8 day to to 20
months. 17 years years.
 and 4
months.
Prision mayor,absolute From 6 From 6 From 8 From 10
disqualification and years years and years years and
special temporary and 1 1 day to 8 and 1 1 day to
disqualification day to years. day to 12 years.
12 years. 10 years.
Prision From 6 From 6 From 2 From 4
correccional,suspensionmonths months years, 4 years, 2
and destierro and 1 and 1 day months months
day to 6 to 2 years and 1 and 1 day
years. and 4 day to 4 to 6 years.
months. years
and 2
months.
Arresto mayor From 1 From 1 to From 2 From 4
month 2 months. months months
and 1 and 1 and 1 day
day to day to 4 to 6
months. months. months.
Arresto menor From 1 From 1 to From 11 From 21 to
to 30 10 days. to 20 30 days.
days. days.

Art. 77. When the penalty is a complex one composed of three distinct
penalties. — In cases in which the law prescribes a penalty composed
of three distinct penalties, each one shall form a period; the lightest
of them shall be the minimum the next the medium, and the most
severe the maximum period. chanrobles virtual law library

Whenever the penalty prescribed does not have one of the forms
specially provided for in this Code, the periods shall be distributed,
applying by analogy the prescribed rules. ch anrobles virtual law library