How do mitigating and aggravating circumstances affect the penalty?

Answer

For a divisible penalty with three periods, Article 64 sets the rules: with no mitigating or aggravating circumstances, the penalty is imposed in its medium period; with a mitigating circumstance and no aggravating, in its minimum; with an aggravating and no mitigating, in its maximum. Two or more mitigating circumstances and no aggravating can lower the penalty by one degree.

For indivisible penalties — such as reclusion perpetua, or two indivisible penalties — Article 63 governs instead, and the penalty is generally applied regardless of ordinary mitigating or aggravating circumstances. The full report illustrates these rules.

Sources & further reading

• RPC Art. 64 — divisible penalties
• RPC Art. 63 — indivisible penalties
• Full report: penalties under the RPC

Cases on this topic

• Felomino v. People
• Lacanilao v. CA
• Maclang v. De Lima
• People v. Amit
• People v. Benito
• People v. Beth Temporada
• People v. Dimalanta
• People v. Ducosin

Related questions

• What is reclusion perpetua?
• What are the penalties under the Revised Penal Code?
• What is subsidiary imprisonment?
• What is the Indeterminate Sentence Law?