Revised Penal Code · Application of Penalties
Penalty higher than reclusion perpetua in certain cases
Current text, as of October 15, 2026
In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of article 40, shall be considered as the next higher penalty.
Consolidated by Alleba from the 1930 text of Act No. 3815 (Lawphil) and the amending Republic Acts in our library. Amendments made by Presidential Decrees, Batas Pambansa or executive orders are not yet included. For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.