Articles 63 - 64

Question 1

Title of Art. 63 of the RPC

Answer 1

Rules for the application of indivisible penalties

Question 2

Outline of the rules of Art. 63 of the RPC

Answer 2

1. If penalty is single indivisible, it shall be applied regardless of mitigating or aggravating
2. When there are two indivisible penalties, the following rules apply
   a. One aggravating = greater penalty imposed
   b. Neither mitigating nor aggravating = lesser penalty imposed
   c. There is mitigating but no aggravating = lesser penalty imposed
   d. Both mitigating and aggravating are present = court shall allow to offset one another

Question 3

Exception in applying mitigating circumstances in Art. 63 of the RPC

Answer 3

When a privileged mitigating circumstance under Art. 68 or 69 is present

Question 4

Title of Art. 64 of the RPC

Answer 4

Rules for the application of penalties which contain three periods

Question 5

Outline of the rules of Art. 64 of the RPC

Answer 5

1. No aggravating and no mitigating = medium
2. Only mitigating = minmum
3. Only aggravating = maximum
4. Generic or Specific Aggravating and Ordinary Mitigating = offset
5. Two or more mitigating and no aggravating = penalty next lower
6. No penalty greater than the maximum period of the penalty prescribed by law shall be imposed, no matter how many aggravating circumstances are present
7. The court can determine the extent of the penalty within the limits of each period according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime