Guidelines on the Imposition of Penalties for Principals in Crimes: Article 46 Explained

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 is general terms, it shall be understood as applicable to the consummated felony.
(Revised Penal Code of the Philippines, Article 46)

Understanding Article 46: A Closer Look at the Imposition of Penalties

Article 46 serves as the cornerstone in determining the penalties for principals, or those who play the primary role in committing a felony. This article emphasizes the following:

  1. General Rule
    The principal actors, being directly responsible for the felony, shall bear the penalty specified by law.
  2. Applicability to Consummated Crimes
    When the law does not distinguish among the stages of a crime (attempted, frustrated, or consummated), it is presumed that the penalty applies to a fully consummated offense.
  3. Clarification for Frustrated and Attempted Felonies
    In cases where the crime remains unconsummated due to external circumstances, a lower penalty, generally reduced by one or two degrees, is imposed. However, distinct penalties may be outlined for such situations when necessary by law.

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One thought on “Guidelines on the Imposition of Penalties for Principals in Crimes: Article 46 Explained

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