Three-Fold Rule | Execution and Service of Penalties | REVISED PENAL CODE – BOOK ONE

Three-Fold Rule under the Revised Penal Code of the Philippines

The Three-Fold Rule is a principle codified in Article 70 of the Revised Penal Code (RPC) of the Philippines, addressing the manner of serving penalties when a convict is sentenced to multiple penalties of imprisonment.

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Key Provisions of the Three-Fold Rule

1. General Principle:

   • When a convict is sentenced to multiple penalties, the total duration of imprisonment cannot exceed three times the length of the most severe penalty imposed.
   • However, the maximum period of imprisonment cannot exceed 40 years, regardless of the penalties imposed.

2. Purpose:

   • The rule aims to:
     • Mitigate excessively long sentences that may result from the aggregation of multiple penalties.
     • Promote humane treatment of offenders in alignment with the constitutional principle of social justice.

3. Limitations:

   • The Three-Fold Rule applies only to multiple penalties arising from multiple convictions in one or several cases.
   • The rule does not alter the penalties themselves; it merely limits the period for which they may be served consecutively.

4. Application:

   • The penalties are cumulated, starting with the most severe, until the limit of three times the most severe penalty or the 40-year cap is reached, whichever comes first.

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Illustrative Example

• A person is convicted of:

  1. Reclusión perpetua (20 to 40 years imprisonment).
  2. Reclusión temporal (12 years and 1 day to 20 years).
  3. Prisión mayor (6 years and 1 day to 12 years).

  Analysis:

  • The most severe penalty is reclusión perpetua.
  • Under the Three-Fold Rule:
    • Maximum possible imprisonment = 3 × 40 years (maximum duration of reclusión perpetua) = 120 years.
    • However, the rule caps the total period at 40 years.

  Conclusion:

  • The convict serves a maximum of 40 years imprisonment, regardless of the aggregate duration of the sentences.

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Special Rules and Considerations

1. 40-Year Cap:

   • The absolute maximum duration of imprisonment under Philippine law is 40 years.
   • This aligns with the constitutional prohibition on inhumane punishment.

2. Effect on Good Conduct Time Allowance (GCTA):

   • The 40-year cap is the basis for computing credits under the GCTA law, provided the convict complies with the requirements.

3. Imposition in Continuous Crimes:

   • If a single criminal act results in multiple injuries or damages, resulting in separate convictions, the Three-Fold Rule still applies.

4. Exception for Life Imprisonment:

   • The Three-Fold Rule does not technically apply to life imprisonment, as this is not a time-bound penalty. However, courts apply analogous principles when reducing life imprisonment sentences in line with Article 70 and the Constitution.

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Relevant Jurisprudence

1. People v. Ganayo (G.R. No. 170689, September 13, 2007):

   • The Supreme Court clarified that the 40-year limit applies regardless of the number of sentences or the aggregate penalties imposed.

2. People v. Mercado (G.R. Nos. 146176-78, April 30, 2003):

   • Reinforced the principle that the Three-Fold Rule is not a mode of penalty reduction but a guideline for limiting the service of penalties.

3. People v. Peralta (G.R. No. 131925, July 12, 1999):

   • The Court ruled that the computation of imprisonment under the Three-Fold Rule starts from the time the convict begins serving the sentence.

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Practical Implications

1. Judicial Discretion:

   • Judges must ensure that the sentences do not exceed the 40-year maximum when applying multiple penalties.

2. Rehabilitation Focus:

   • By capping imprisonment, the Three-Fold Rule emphasizes rehabilitation over punitive excess.

3. Guidance for Legal Practitioners:

   • Lawyers must account for the Three-Fold Rule when advising clients on the implications of multiple convictions or when negotiating plea agreements.

4. Human Rights Compliance:

   • The Three-Fold Rule ensures compliance with international human rights standards prohibiting excessively long or indefinite incarceration.

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Conclusion

The Three-Fold Rule under Article 70 of the Revised Penal Code is a critical provision that balances justice and humanity in the Philippine penal system. By limiting the aggregate duration of imprisonment to a maximum of 40 years, it prevents disproportionate punishment while safeguarding the rehabilitative goals of criminal law.