Art. 50.

Penalty to be imposed upon principals 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.

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.
Art. 51. Penalty to be imposed upon principals of attempted crimes. A penalty lower by

Art. 56. Penalty to be imposed upon accomplices in an attempted

two degrees than that prescribed by law for the consummated felony shall be imposed

crime. The penalty next lower in degree than that prescribed by law for an attempt to

upon the principals in an attempt to commit a felony.

commit a felony shall be imposed upon the accomplices in an attempt to commit the
felony.

Art. 52. Penalty to be imposed upon accomplices in consummated

crime. The penalty next lower in degree than that prescribed by law for the

Art. 57. Penalty to be imposed upon accessories of an attempted

consummated shall be imposed upon the accomplices in the commission of a

crime. The penalty lower by two degrees than that prescribed by law for the

consummated felony.

attempted felony shall be imposed upon the accessories to the attempt to commit a
felony.

Art. 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.

Application of Article 50 to 57
Participation
Principal
Accomplice
Accessory

Consummated
Penalty imposed by law
1 less
2 less

Frustrated
1 less
2 less
3 less

Attempted
2 less
3 less
4 less

Notes:

Art. 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.

Art 50-57 not applicable when the law specifically prescribes the penalty for the frustrated and
attempted felony or that to be imposed upon the accomplices and accessories.
Degree one whole penalty, one entire penalty or one unit of the penalties enumerated in the
graduated scales provided for in Art 71

Art. 55. Penalty to be imposed upon accessories of a frustrated

Period one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible

penalty when prescribed by the Code as a penalty for a felony, is in itself a degree.

Distinctions between Degree and Period

Degree

Period

Refers to the penalty imposable for a felony

Refers to the duration of the penalty consisting
committed considering the stages of execution of the maximum, medium, and minimum, after
and the degree of participation of the offender considering the presence or absence of
aggravating circumstances
May refer to both divisible and indivisible
Refers only to divisible penalty.
penalties

The rules provided in Arts. 53, 55 and 57 do not apply if the felony is light because
accessories are not liable for the same

Bases for imposition of the penalty under the RPC

1. Stage of the commission of the crime

2. Participation of the persons liable
3. Presence of aggravating or mitigating circumstances

Art. 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.

Art is limited only to grave and less grave felonies since it is not possible to have
accessories liable for light felonies. It is further limited to those whose participation in
the crime is characterized by the misuse of public office or authority.

Example:

a) A mayor aided in friend, a wanted criminal, in escaping

b) A senator gives protection to his jueteng lord friend

Additional Penalties for Public Officers who are accessories

1. Absolute perpetual disqualification, if the principal offender is guilty of a grave felony.

2. Absolute temporary disqualification if the principal offender is guilty of less grave felony.