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:
- General Rule
The principal actors, being directly responsible for the felony, shall bear the penalty specified by law. - 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. - 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.
Legal Reference
- Primary Source: Revised Penal Code of the Philippines, Article 46.
Accessed via ChanRobles Law Library: https://chanrobles.com/revisedpenalcodeofthephilippinesbook1.htm - Secondary Source: LawPhil Project on the Revised Penal Code.
Accessed via LawPhil Project: https://lawphil.net/statutes/acts/act_3815_1930.html
