Article 10Act No. 3815, Sec./Art. 10

Offenses not subject to the provisions of this Code.-Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

CHAPTER TWO

JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(As amended by RA 5465, April 21, 1969, Republic Act No.

10159, [April 10, 2012])

Section Three. - Penalties in which other accessory

penalties are inherent

Article 40. Death; Its accessory penalties. - The death

penalty,

when

it

is

not

executed

by

reason

of

commutation

or

pardon

shall

carry

with

it that of

perpetual

absolute

disqualification

and

that

of

civil

interdiction

during

thirty

years

following

the

date

sentence, unless such accessory penalties have been

expressly remitted in the pardon.

Article 41. Reclusion perpetua and reclusion temporal;

Their accessory penalties. - The penalties of reclusion

perpetua and reclusion temporal shall carry with them

that of civil interdiction for life or during the period of the

sentence as the case may be, and that of perpetual

absolute disqualification which the offender shall suffer

even though pardoned as to the principal penalty, unless

the same shall have been expressly remitted in the

pardon.

Article 42. Prision mayor; Its accessory penalties. - The

penalty of prision mayor, shall carry with it that of

temporary absolute disqualification and that of perpetual

special disqualification from the right of suffrage which

the offender shall suffer although pardoned as to the

principal

penalty,

unless

the

same

shall have been

expressly remitted in the pardon.

Article 43. Prision correccional; Its accessory penalties. -

The penalty of prision correccional shall carry with it that

of suspension from public office, from the right to follow

a profession or calling, and that of perpetual special

disqualification from the right of suffrage, if the duration

of said imprisonment shall exceed eighteen months. The

offender shall suffer the disqualification provided in the

article although pardoned as to the principal penalty,

unless the same shall have been expressly remitted in the

pardon.

Article 44. Arresto; Its accessory penalties. - The penalty

of arresto shall carry with it that of suspension of the right

to hold office and the right of suffrage during the term of

the sentence.

Article 45. Confiscation and forfeiture of the proceeds or

instruments of the crime. - Every penalty imposed for the

commission of a felony shall carry with it the forfeiture of

the proceeds of the crime and the instruments or tools

with which it was committed.

Such

proceeds

and

instruments

or

tools

shall

be

confiscated and forfeited in favor of the Government,

unless they be property of a third person not liable for the

offense, but those articles which are not subject of lawful

commerce shall be destroyed.

Chapter Four APPLICATION OF PENALTIES

Section One. - Rules for the application of penalties to the

persons criminally liable and for the graduation of the same.

Article 46. Penalty to be imposed upon principals in

general.

-

The

penalty

prescribed

by

law

for

the

commission of a felony shall be imposed upon the

principals in the commission of such felony.

Whenever the law prescribes a penalty for a felony is

general terms, it shall be understood as applicable to the

consummated felony.

Article 47. In what cases the death penalty shall not be

imposed; Automatic Review of the Death Penalty Cases.

— The death penalty shall be imposed in all cases in

which it must be imposed under existing laws, except

when the guilty person is below eighteen (18) years of age

at the time of the commission of the crime or is more

than seventy years of age or when upon appeal or

automatic review of the case by the supreme court, the

required majority vote is not obtained for the imposition

of the death penalty, in which cases the penalty shall be

reclusion perpetua.

In all cases where the death penalty is imposed by the

trial court, the records shall be forwarded to the Supreme

Court for automatic review and judgment by the court en

banc, within twenty (20) days but not earlier than fifteen

(15) days after promulgation of the judgment or notice of

denial of any motion for new trial or reconsideration. The

transcript shall also be forwarded within ten (10) days

from the filing thereof by the stenographic reporter.

(as amended by Republic Act No. 7659, [December 13,

1993])

Article 48. Penalty for complex crimes. - When a single

act constitutes two or more grave or less grave felonies, or

when an offense is a necessary means for committing the

other, the penalty for the most serious crime shall be

imposed, the same to be applied in its maximum period.

Article 49. Penalty to be imposed upon the principals

when

the

crime

committed

is

different

from

that

intended. - In cases in which the felony committed is

different

from

that which the offender intended to

commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be

higher than that corresponding to the offense which the

accused intended to commit, the penalty corresponding

to the latter shall be imposed in its maximum period.

2. If the penalty prescribed for the felony committed be

lower than that corresponding to the one which the

accused intended to commit, the penalty for the former

shall be imposed in its maximum period.

3. The rule established by the next preceding paragraph

shall not be applicable if the acts committed by the guilty

person shall also constitute an attempt or frustration of

another crime, if the law prescribes a higher penalty for

either of the latter offenses, in which case the penalty

provided for the attempted or the frustrated crime shall

be imposed in its maximum period.

Article 50. Penalty to be imposed upon principals of a

frustrated crime. - The penalty next lower in degree than

that prescribed by law for the consummated felony shall

be imposed upon the principal in a frustrated felony.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 57. Penalty to be imposed upon accessories of an

attempted crime. - The penalty lower by two degrees

© Compiled By RGL

10 of 201