- Statute
- Revised Penal Code
- Article
- Art. 71
- Topic
- Statutory provision
- Status
- In force, as amended
- Year
- 1930
The provision
Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,
4. Public censure,
5. Fine.
Intellegal Wiki · In plain terms
Provides the graduated scales used to move a penalty up or down by degrees, applying the rules of Article 61. The lower or higher penalty is taken from whichever scale contains the original penalty. Scale No. 1 ranks penalties from death down through reclusion perpetua, reclusion temporal, prision mayor and others to fine; Scale No. 2 ranks disqualification and suspension penalties down to fine.
An editorially maintained plain-language explanation of this provision — not legal advice.