Guidelines on the Imposition of Penalties for Principals in Crimes: Article 46 Explained
Article 46 of the Revised Penal Code of the Philippines establishes the foundational principle for imposing penalties on principals in criminal offenses. Understanding this provision is essential for criminology students and legal practitioners studying Philippine criminal law.
The Text of Article 46
“The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the consummated felony.” This straightforward principle forms the basis for penalty determination in Philippine criminal justice.
Key Principles of Article 46
1. Primary Accountability of Principals
The law assigns full criminal responsibility to principals – those who directly commit the crime, induce others to commit it, or cooperate in its commission through an indispensable act. Principals bear the heaviest penalty because of their direct involvement in the felony.
2. Application to Consummated Crimes
Article 46 specifically addresses consummated felonies – crimes that have been completed in all their elements. When all acts of execution have been performed and the intended result is achieved, the full prescribed penalty applies.
3. Modified Penalties for Unconsummated Crimes
For attempted and frustrated felonies, the penalty is modified according to Article 51 (attempted) and Article 50 (frustrated) of the Revised Penal Code:
- Frustrated Felony: Penalty is one degree lower than that prescribed for the consummated felony
- Attempted Felony: Penalty is two degrees lower than that prescribed for the consummated felony
Who Are Considered Principals?
Under Article 17 of the Revised Penal Code, the following are considered principals:
- Principal by Direct Participation: Those who personally execute the acts constituting the crime
- Principal by Inducement: Those who directly force or induce others to commit the crime
- Principal by Indispensable Cooperation: Those who cooperate in the commission by another act without which the crime would not have been accomplished
Practical Examples
Example 1: Consummated Homicide
Juan shoots Pedro with intent to kill, and Pedro dies. Juan, as principal by direct participation, receives the full penalty for homicide under Article 249: reclusion temporal (12 years and 1 day to 20 years).
Example 2: Frustrated Homicide
Juan shoots Pedro with intent to kill, performing all acts of execution, but Pedro survives due to timely medical intervention. The penalty is one degree lower: prision mayor (6 years and 1 day to 12 years).
Example 3: Attempted Homicide
Juan attempts to shoot Pedro but misses or is prevented from completing the act. The penalty is two degrees lower: prision correccional (6 months and 1 day to 6 years).
Distinction from Accomplices and Accessories
Article 46 applies specifically to principals. The penalties for accomplices (Article 52) and accessories (Article 53) are graduated lower:
- Accomplices: Penalty one degree lower than principals
- Accessories: Penalty two degrees lower than principals
Significance in Criminal Proceedings
Article 46 serves several important functions in Philippine criminal law:
- Establishes proportionality between crime severity and punishment
- Ensures principals bear appropriate responsibility for their actions
- Creates a clear framework for penalty computation
- Guides prosecutors and judges in determining appropriate sentences
Related Provisions
Students studying Article 46 should also review:
- Article 6: Stages of execution (consummated, frustrated, attempted)
- Articles 17-20: Persons criminally liable (principals, accomplices, accessories)
- Articles 50-57: Penalty for frustrated, attempted felonies, and accessories/accomplices
References
- Revised Penal Code of the Philippines (Act No. 3815)
- ChanRobles Law Library: https://www.chanrobles.com
- LawPhil Project: https://www.lawphil.net