Article 61Rules for graduating penalties

Rules for graduating penalties.

-For the purpose of graduating the penalties which, according to the provisions of articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree shall be that immediately following that indivisible penalty in the scale prescribed in article 70 of this Code.

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the above mentioned scale.

3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said scale.

4. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed, and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise, from the penalty immediately following in the above mentioned scale.

TABULATION OF THE PROVISIONS OF THIS CHAPTER

Penalty prescribed for the crime

Penalty to be imposed upon the principal in a frustrated crime, and the accomplice in a consummated crime

Penalty to be imposed upon the principal in an attempted crime, the accessory in the consummated crime, and the accomplices in a frustrated crime

Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crime

Penalty to be imposed upon the accessory in an attempted crime

imposed upon the

imposed upon the

imposed upon the

imposed upon

First case

Death

Reclusion perpetua

Reclusion temporal

Prision mayor

Prision correccional

Second case

Reclusion perpetua to death.

Reclusion temporal.

Prision mayor.

Prision correccional.

Aresto mayor.

Third case

Reclusion temporal

in its maximum period to death.

Prision mayor

in its maximum period to reclusion temporal in its medium period.

Prision correccional

in its maximum period to prision mayor in its medium period.

Arresto mayor

in its maximum period to prision correccional in its medium period.

Fine and

arresto mayor

in its minimum and medium periods.

Fourth case

Prision mayor

in its maximum period to reclusion temporal in its medium period.

Prision correccional

in its maximum period to prision mayor in its medium period.

Arresto mayor

in its maximum period to prision correccional in its medium period.

Fine and

arresto mayor

in its minimum and medium periods.

Fine.

5. When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.

SECTION TWO.-Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency