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Degree in Relation To Penalty: Degree-One Entire Penalty, One Whole Penalty, or

The document discusses Philippine legal articles related to determining penalties for crimes and their accessories based on degree. It defines "degree" as referring to the entire penalty, whole penalty, or unit of penalties outlined in Article 71. It describes how penalties are reduced by one or two degrees for accessories or accomplices to frustrated, attempted, or impossible crimes based on the prescribed penalty for the principal crime. Accessories who are public officers acting with abuse of their function may receive an additional penalty of absolute perpetual or temporary disqualification depending on the gravity of the principal offender's crime.

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0% found this document useful (0 votes)
276 views6 pages

Degree in Relation To Penalty: Degree-One Entire Penalty, One Whole Penalty, or

The document discusses Philippine legal articles related to determining penalties for crimes and their accessories based on degree. It defines "degree" as referring to the entire penalty, whole penalty, or unit of penalties outlined in Article 71. It describes how penalties are reduced by one or two degrees for accessories or accomplices to frustrated, attempted, or impossible crimes based on the prescribed penalty for the principal crime. Accessories who are public officers acting with abuse of their function may receive an additional penalty of absolute perpetual or temporary disqualification depending on the gravity of the principal offender's crime.

Uploaded by

Ayesha Jaafar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Degree in Relation to Penalty

Degree- one entire penalty, one whole penalty, or


one unit of the penalties enumerated in the scales in
Article 71.

Period of Penalty- one of the three equal portions ,


called minimum, medium, and maximum of a
divisible penalty
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.

Basis of the Reduction: Penalty for the 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 felony shall be imposed upon the
accomplices in an attempt to commit the felony.

Basic Penalty to be Used for Reduction by one or two


degrees: that for the attempted felony

Basis Used: already prescribed


Article 57. Penalty to be imposed upon accessories
of an attempted crime.-- The penalty lower by two
degrees than that prescribed by law for the attempt
shall be imposed upon the accessories to the
attempt to commit a felony.

Basic Penalty to be Used for Reduction by one or


two degrees: that for the attempted felony

Basis Used: already prescribed


Article 58. Additional penalty to be imposed upon
certain accessories. – Those accessories falling
within the terms of paragraph 3 of Article 19 of this
Code who should act with abuse of their public
functions, shall suffer the additional penalty of
absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that of
absolute temporary disqualification if he shall be
guilty of a less grave felony.

Applicable only to public officers


Article 59. Penalty to be imposed in case of failure to
commit the crime because the means employed or
the aims sought are impossible.-- When the person
intending to commit an offense has already
performed the acts for the execution of the same but
nevertheless the crime was not produced by reason
of the fact that the act intended was by its nature
one of impossible accomplishment or because the
means employed by such person are essentially
inadequate to produce the result desired by him, the
court, having in mind the social danger and the
degree of criminality shown by the offender shall
impose upon him the penalty of arresto mayor or a
fine ranging from 200 to 500 pesos.

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