Effects of multiple aggravating circumstances

Dear PAO,

Based on my research, I have learned that the penalty for the crime of homicide is reclusion temporal. I have also learned that the next penalty higher than reclusion temporal is reclusion perpetua. I wish to be informed on the effect of having multiple aggravating circumstances, to be specific, four aggravating circumstances without any mitigating circumstance, to the penalty of the accused in my brother’s killing. Can it result in the imposition of the higher penalty of reclusion perpetua?

Marzan

Dear Marzan,

The answer to your query is found in Article 64 of Act 3815, otherwise known as “The Revised Penal Code.” Succinctly, Article 64, paragraph 6 reads:

“Article 64. Rules for the application of penalties which contain three periods. - In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: “xxx,

“6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. xxx.” (Emphasis and underscoring supplied)

Clearly, the law says that regardless of the number and nature of the aggravating circumstances, the court cannot impose a greater penalty than that prescribed by law in its maximum period. As such, in relation to your query, even with the presence of four (4) aggravating circumstances, the same cannot result in the imposition of reclusion perpetua, the higher penalty next in degree. To reiterate, its effect is only limited to the imposition of the prescribed penalty in its maximum period, i.e., reclusion temporal in its maximum.

In fact, this has been the ruling of the Supreme Court in the case of People v. Manlolo (GR L-40778 Jan. 26, 1989), penned by Associate Justice Justice Edgardo Paras, when the court was confronted with the same issue, viz:

“In another assignment of error, appellant also claims that “the Court ... erred in imposing upon defendantappellant, Manlolo the penalty of Reclusion Perpetua in the crime of Homicide and in not applying the Indeterminate Sentence Law.’ “We find merit in his contention. “Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law in its maximum period.”

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.