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Audiobook Criminal Procedures Remedial Law

Rule 113 Arrest

Audiobook Rules of Court 113 Arrest, Criminal Procedure, Remedial Law Review

https://youtu.be/i6jq656jp2A

THE REVISED RULES OF CRIMINAL PROCEDURE
RULE 113 – ARREST
Remedial Law

Section 1. Definition of arrest.

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Section 2. Arrest; how made.

An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.

Section 3. Duty of arresting officer.

It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay.

Section 4. Execution of warrant.

The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt.

Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.

In case of his failure to execute the warrant, he shall state the reasons therefor.

Section 5. Arrest without warrant; when lawful.

A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.

Section 6. Time of making arrest.
An arrest may be made on any day and at any time of the day or night. Section 7. Method of arrest by officer by virtue of warrant.

When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.

The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.

Section 8. Method of arrest by officer without warrant.

When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.

Section 9. Method of arrest by private person.

When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest.

Section 10. Officer may summon assistance.

An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself.

Section 11. Right of officer to break into building or enclosure.

An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose.

Section 12. Right to break out from building or enclosure.

Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself.

Section 13. Arrest after escape or rescue.

If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

Section 14. Right of attorney or relative to visit person arrested.

Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night.

Subject to reasonable regulations, a relative of the person arrested can also exercise the same right.



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Jurisprudence Criminal Law

Insanity as Exempting Circumstances

Accuse-appellant must thus prove that he was completely deprived of reason when he killed his father in order to be exempt for parricide.

There is nothing either in the report of Dr. Gerona or his testimony which indubitably show that accused-appellant was completely without reason when he killed his father because the latter wanted him to leave the house.

The defense of insanity is in the nature of confession and avoidance and, like the justifying circumstance of self- defense, the burden is on the defense to prove beyond reasonable doubt that the accused was insane immediately before the commission of the crime or at the very moment of its execution.

Although schizophrenia is not exempting if it does not completely deprive the offender of the consciousness of his acts, it may nevertheless be considered mitigating under Art 13 (9) if it diminishes the exercise of his will power. (PEOPLE vs. BANEZ, G.R. No. 125849, January 20, 1999)

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Jurisprudence Criminal Law

Obedience to Order of a Superior Officer

The subordinate who, in following an order of the superior, failed to observe all auditing procedures of disbursement, cannot escape responsibility for such omission; but where he acted in good faith, his liability should only be administrative or civil in nature, not criminal. (TABUENA vs. SANDIGANBAYAN. G.R. Nos. 103501-03. February 17,1997)

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Jurisprudence Criminal Law

Self-Defense

Self-defense is man’s inborn right. In a physical assault, retaliation becomes unlawful after the attack has ceased, because there would be no further harm to repel.

But that is not the case when it is aimed at a person’s good name.

Once the aspersion is cast its sting clings and the one thus defamed may avail himself of all the necessary means to shake it off.

He may hit back with another libel which, if adequate, will be justified. (PEOPLE vs. HIONG. No. 10413-R. October 20, 1954)

If there is no unlawful aggression, there is nothing to prevent or to repel and the second requisite of self-defense would have no basis.

Even if we allow appellant’s contention that Tuquero was the initial unlawful aggressor, we still cannot sustain his plea of self-defense.

After appellant successfully wrested the knife from Tuquero, the unlawful aggression had ceased.

After the unlawful aggression has ceased, the one making the defense has no more right to kill or even wound the former aggressor.

The presence of large number of wounds on the part of the victim, their nature and location disprove self-defense and instead indicate a determined effort to kill the victim. (PEOPLE vs. SO, G.R. No.104664. August 28, 1995)

Plainly, the accused-appellant could no longer retreat from the continuing assault by the victim who, as inexorably shown by his relentless advance towards the accused-appellant, was poised to kill the latter.
The danger to the accused-appellant’s life was clearly imminent.

It would not then be proper nor reasonable to claim that he should have fled or selected a less deadly weapon, because in the emergency in which, without any reason whatever, he was placed, there was nothing more natural than to use the weapon he had to defend himself.

In the natural order of the things, following the instinct of self-preservation, he was compelled to resort to a proper defense.

It is settled that reasonable necessity of the means employed does not imply material commensurability between the means of attack and defense.

What the law requires is rational equivalence, in the consideration of which will enter the principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. (PEOPLE vs. GUTUAL. G.R. No. 115233. February 22,1996).

The actuation of deceased Fleischer in angrily ordering the continuance of the fencing would have resulted in the further chiseling of the walls of appellant’s house as well as the closure of the access to and from his house and his rice mill—which were not only imminent but were actually in progress.

There is no question, therefore, that there was aggression on the part of the victims: Fleischer was ordering, and Rubia was actually participating in the fencing.

This was indeed an aggression, not on the person of appellant, but on his property rights.

The reasonableness of the resistance is also a requirement of the justifying circumstance of self-defense or defense of one’s rights under paragraph 1 of Article 11, Revised Penal Code. When the appellant fired his shotgun from his window, killing his two victims, his resistance was disproportionate to the attack.

Appellant who was sleeping when the victims chiselled his house and fenced off his estate and who asked them to stop doing so is not guilty of sufficient provocation when he shot the victims who ignored his plea. (PEOPLE vs. NARVAEZ. Nos. L-33466-67. April 20,1983.)

Unlawful aggression presupposes an actual, sudden, unexpected attack or imminent danger thereof, not merely a threatening or intimidating attitude and the accused must present proof of positively strong act of aggression.

Even if we give credence to accused-appellant’s version of the events, specifically that the deceased hurled invectives at him and moved as if to draw something from his waist, the Court are unable to establish a finding of unlawful aggression on the victim’s part.

Unlawful aggression presupposes an actual, sudden, unexpected attack or imminent danger thereof, not merely a threatening or intimidating attitude and the accused must present proof of positively strong act of real aggression. (PEOPLE vs. ARIZALA, G.R. No. 130708. October 22, 1999)

Categories
Jurisprudence Criminal Law

Frustrated Felony

When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

Where the offender treacherously inflicted a wound upon the victim which was sufficient to have caused death, but the victim survives by reason of prompt medical attention, the offender is liable for frustrated murder.

(PEOPLE vs. MISION. G.R. No. 63480. February 26,1991)

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Jurisprudence Criminal Law

Conspiracy

When accused-appellant Pugay poured gasoline on the victim’s body and thereafter his co- accused Samson set the victim on fire, there is nothing in the records showing that there was previous conspiracy or unity of criminal purpose and intention between the two accused-appellants immediately before the commission of the crime.

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Jurisprudence Criminal Law

Dangerous Drugs Act

To sustain a conviction for selling prohibited drugs, the sale must be clearly and unmistakably established. To sell means to give, whether for money or any other material consideration. It must, therefore, be established beyond reasonable doubt that appellant actually sold and delivered two tea bags of marijuana dried leaves to Sgt. Lopez, who acted as the poseur- buyer, in exchange for twenty-peso bills.

(PEOPLE vs. SIMON. G.R. No.93028. July 29,1994.)

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Audiobook Civil Law Sales

Law on Sales Audiobook #5 Actions for Breach of Contract of Sales of Goods Civil Law Review

New Civil Code of the Philippines
Title VI Sales
Chapter 6 Actions for Breach of Contract of Sales of Goods Articles 1594 to 1599

Article 1594

Actions for breach of the contract of sale of goods shall be governed particularly by the provisions of this Chapter, and as to matters not specifically provided for herein, by other applicable provisions of this Title.

Article 1595

Where, under a contract of sale, the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract of sale, the seller may maintain an action against him for the price of the goods.

Where, under a contract of sale, the price is payable on a certain day, irrespective of delivery or of transfer of title and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price although the ownership in the goods has not passed.

But it shall be a defense to such an action that the seller at any time before the judgment in such action has manifested an inability to perform the contract of sale on his part or an intention not to perform it.

Although the ownership in the goods has not passed, if they cannot readily be resold for a reasonable price, and if the provisions of article 1596, fourth paragraph, are not applicable, the seller may offer to deliver the goods to the buyer, and, if the buyer refuses to receive them, may notify the buyer that the goods are thereafter held by the seller as bailee for the buyer.

Thereafter the seller may treat the goods as the buyer’s and may maintain an action for the price.

Article 1596

Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance.

The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer’s breach of contract.

Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances showing proximate damage of a different amount, the difference between the contract price and the market or current price at the time or times when

the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.

If, while labor or expense of material amount is necessary on the part of the seller to enable him to fulfill his obligations under the contract of sale, the buyer repudiates the contract or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for labor performed or expenses made before receiving notice of the buyer’s repudiation or countermand.

The profit the seller would have made if the contract or the sale had been fully performed shall be considered in awarding the damages.

Article 1597

Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his election so to do to the buyer.

Article 1598

Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just.

Article 1599
Where there is a breach of warranty by the seller, the buyer may, at his election:

(1) Accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction of the price;

(2) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty;

(3) Refuse to accept the goods, and maintain an action against the seller for damages for the breach of warranty;

(4) Rescind the contract of sale and refuse to receive the goods or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid.

When the buyer has claimed and been granted a remedy in anyone of these ways, no other remedy can thereafter be granted, without prejudice to the provisions of the second paragraph of article 1191.

Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods without protest, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the ownership was transferred to the buyer.

But if deterioration or injury of the goods is due to the breach or warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale.

Where the buyer is entitled to rescind the sale and elects to do so, he shall cease to be liable for the price upon returning or offering to return the goods.

If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price.

Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the payment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by article 1526.

(5) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

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Audiobook Labor Law

Labor Law Audiobook #3 Regulation of Recruitment and Placement Activities

Labor Code of the Philippines
Chapter 2 Regulation of Recruitment and Placement Activities Articles 25 to 35

Article 25. Private sector participation in the recruitment and placement of workers.

Pursuant to national development objectives and in order to harness and maximize the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of workers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of Labor.

Article 26. Travel agencies prohibited to recruit.

Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not.

Article 27. Citizenship requirement.

Only Filipino citizens or corporations, partnerships or entities at least seventy-five percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and placement of workers, locally or overseas.

Article 28. Capitalization.

All applicants for authority to hire or renewal of license to recruit are required to have such substantial capitalization as determined by the Secretary of Labor.

Article 29. Non-transferability of license or authority.

No license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than that stated in the license or authority be transferred, conveyed or assigned to any other person or entity.

Any transfer of business address, appointment or designation of any agent or representative including the establishment of additional offices anywhere shall be subject to the prior approval of the Department of Labor.

Article 30. Registration fees.

The Secretary of Labor shall promulgate a schedule of fees for the registration of all applicants for license or authority.

Article 31. Bonds.

All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of Labor to guarantee compliance with prescribed recruitment procedures, rules and regulations, and terms and conditions of employment as may be appropriate.

Article 32. Fees to be paid by workers.

Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment.

Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. The Secretary of Labor shall promulgate a schedule of allowable fees.

Article 33. Reports on employment status.

Whenever the public interest requires, the Secretary of Labor may direct all persons or entities within the coverage of this Title to submit a report on the status of employment, including job vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions and other employment data.

Article 34. Prohibited practices.

It shall be unlawful for any individual, entity, licensee, or holder of authority:

To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance;

To furnish or publish any false notice or information or document in relation to recruitment or employment;

To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code.

To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment;

To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;

To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;

To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;

To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor.

To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor;

To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency; and

To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.

Article 35. Suspension and/or cancellation of license or authority.

The Minister of Labor shall have the power to suspend or cancel any license or authority to recruit employees for overseas employment for violation of rules and regulations issued by the Ministry of Labor, the Overseas Employment Development Board, or for violation of the provisions of this and other applicable laws, General Orders and Letters of Instructions.

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Audiobook Criminal Law Criminal Law 1

Criminal Law 1 Audiobook #3 Application of Penalties, Revised Penal Code Review

The Revised Penal Code of the Philippines
Book 1 Articles 46 to 61
Title Three Penalties
Chapter Four Application of Penalties



This is an audiobook reviewer by Law School Buddy on Criminal Law Philippines made specially for law school students. This audiobook is helpful in study and review sessions, as well as for memory retention. This audiobook is aimed at helping students to recall the concepts of Criminal Law Philippines in law school, during their review or study session, after reading the books, or attending lecture or review in Criminal Law Philippines.

Section One

Rules for the application of penalties to the persons criminally liable and for the graduation of the same

Article 46 – Penalty to be imposed upon principals in general.

The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony.

Article 47 – In what cases the death penalty shall not be imposed.

The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:

1. When the guilty person be more than seventy years of age.

2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty.

For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required.

Article 48 – Penalty for complex crimes.

When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

Article 49 – Penalty to be imposed upon the principals when the crime committed is different from that intended.

In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.

2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.

3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.

Article 50 – Penalty to be imposed upon principals of a frustrated crime.

The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.

Article 51 – Penalty to be imposed upon principals of attempted crimes.

A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.

Article 52 – Penalty to be imposed upon accomplices in consummated crime.

The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony.

Article 53 – Penalty to be imposed upon accessories to the commission of a consummated felony.

The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.

Article 54 – Penalty to imposed upon accomplices in a frustrated crime.

The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.

Article 55 – Penalty to be imposed upon accessories of a frustrated crime.

The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony.

Article 56 – Penalty to be imposed upon accomplices in an attempted crime.

The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.

Article 57 – Penalty to be imposed upon accessories of an attempted crime.

The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony.

Article 58 – Additional penalty to be imposed upon certain accessories.

Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.

Article 59 – Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible.

When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.

Article 60 – Exception to the rules established in Articles 50 to 57.

The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

Article 61 – 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 degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 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 impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated 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 periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated 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 respective graduated scale.

5. When the law prescribes a penalty for a crime in some manner not especially 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.