Common provisions re application of penalties, A73-77 Revised Penal Code

1. Common provisions

The following are common provisions for the following sections under Chapter 4 on Application of Penalties, Title III, Book I, Revised Penal Code:

1) Section One on Rules for the application of penalties to the persons criminally liable and for the graduation of the same (A46 to 61 RPC); and

2) Section Two on Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency (A62 to 72 RPC).

a. Presumptions, accessory penalties

Article 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.

(Revised Penal Code)

b. Penalty higher than reclusion perpetua

Article 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.

(Revised Penal Code)

c. Increasing or reducing penalty of fine

Article 75. Increasing or reducing the penalty of fine by one or more degrees. - Whenever it may be necessary to increase ...