A practitioner-style reference on how Philippine courts impose and execute sentences when an accused is convicted of several offenses or several counts of the same offense. Covers charging theory (complex vs. separate counts), computation and successive service of penalties, the three-fold rule and the 40-year cap, indeterminate sentencing, probation, preventive imprisonment credits, good-conduct reductions, fines and civil liability, and practical sentencing checklists.

1) Charging theory drives sentencing

Before talking about service of penalties, confirm what was actually charged and convicted:

Single complex crime (Art. 48, Revised Penal Code)
- One act results in two or more grave/less grave felonies (compound crime), or one offense is a necessary means to commit another (complex crime proper).
- Only one penalty is imposed—that for the most serious offense, in its maximum period.
- Example: With one burst of gunfire killing A and injuring B → may be treated as a complex crime; one indeterminate sentence, not multiple.
Continuous or continuing offense (delito continuado)
- A series of acts impelled by a single criminal intent and violating the same penal provision may be punished as one offense (fact-sensitive).
- Example: Repeated pilferage from the same meter pursuant to a single scheme → often treated as one.
Separate, distinct acts or victims (multiple counts)
- Each completed offense or each victim is a separate count.
- One penalty per count is imposed, then rules on successive service apply.

Tip: When drafting or reviewing judgments, verify whether the court correctly chose among (a) complexing, (b) delito continuado, or (c) multiple counts. This choice multiplies or consolidates penalties.

2) Imposition of penalties per count

Courts fix a separate principal penalty for each count: e.g., for three counts of estafa, the court states three indeterminate sentences (one per count), with the minimum taken from the penalty next lower in degree and the maximum within the proper period of the penalty prescribed for the offense (Indeterminate Sentence Law).
Accessory penalties (e.g., perpetual or temporary absolute disqualification, civil interdiction) attach to each principal penalty by operation of law.

Severity ranking of principal penalties (highest to lowest) typically used for service order: Death (now inoperative) → Reclusion perpetua → Reclusion temporal → Prisión mayor → Prisión correccional → Arresto mayor → Arresto menor → Destierro → Fine. Disqualifications run as accessories or as principal penalties in some statutes.

3) Service of multiple sentences: successive, not concurrent

A. General rule: Successive service

If the accused is convicted of several offenses (separate counts), the penalties of imprisonment are served successively in the order of their severity, subject to the three-fold rule and the absolute cap (see §4). Courts do not make imprisonment terms run concurrently unless a special law expressly says so (rare).

B. Order of service

Start with the most severe penalty, then the next, and so on. Accessory penalties ride with the principal term (e.g., absolute perpetual disqualification from public office begins with the service of a felony that carries it and may persist after release if perpetual).

4) The three-fold rule and the 40-year absolute cap

Add up the durations of all imprisonment penalties to be served successively.
The convict shall not actually serve more than three times the length of the most severe of the penalties imposed; and in no case may the total actual service exceed 40 years.
The rule applies even if convictions come from separate judgments.

Example: Four counts, each prisión mayor maximum (say 10 years each). Nominal total = 40 years.

Most severe = 10 years → three-fold = 30 years.
Absolute cap = 40 years.
Actual service = 30 years (the lower of the two caps).

Important: The three-fold rule caps actual deprivation of liberty. It does not cap: (a) fines (these are summed), (b) civil liabilities (fully cumulative), or (c) disqualifications that are perpetual by law.

5) Computing each sentence: Indeterminate Sentence Law (ISL)

Apply the ISL per count (unless excepted by law). For each offense:

Identify the proper penalty prescribed by law, then determine the period (minimum/medium/maximum) based on mitigating/aggravating circumstances.
Maximum term of the indeterminate sentence = a term within that penalty (and period).
Minimum term = a term within the penalty next lower in degree.
Certain penalties (e.g., reclusion perpetua) are indivisible; ISL does not apply to indivisible penalties or to offenses exempted by special laws.

Result: A judgment for multiple counts will contain as many indeterminate sentences as there are counts (again, unless complexed under Art. 48).

6) Modifiers that raise or lower time actually served

Preventive imprisonment credit: Time spent in pre-sentence detention is credited toward service, subject to statutory conditions (e.g., full or fractional credit depending on compliance and offense class). Applied against the actual term to be served after the three-fold computations.
Good Conduct Time Allowances (GCTAs) and other credits: Reduce actual service for good behavior, study, or work, subject to exclusions imposed by law for certain offenses. Applied by corrections authorities to the running actual term, not to the nominal sum of sentences.
Quasi-recidivism (commit a felony while serving sentence or before beginning to serve a sentence): the maximum period of the penalty is generally imposed for the new offense; it does not erase three-fold and 40-year caps, but it pushes individual counts higher.
Recidivism, reiteración, habitual delinquency: may increase the penalty period or add additional penalties per the Revised Penal Code; applied per count affected.

7) Fines, subsidiary imprisonment, and property consequences

Fines are cumulative across counts. Courts state a separate fine per count; the total must be paid in full.
Subsidiary imprisonment for non-payment of fines may be ordered subject to statutory limits and exceptions (e.g., certain principal penalties or offenses may bar subsidiary imprisonment). Subsidiary terms are computed per count, then served after principal imprisonment if the fine remains unpaid; the three-fold/40-year logic governs actual service of imprisonment, not the monetary obligation.
Forfeiture and confiscation (e.g., instruments or proceeds of crime) are count-specific but can be ordered globally in the dispositive portion if items are common to counts.

8) Civil liability per count and solidary rules

Civil liability ex delicto is fixed per count, reflecting damage per victim/incident (restitution, reparation, moral/exemplary damages, interest).
Solidary vs. joint liability follows the nature of participation (e.g., principals by direct participation may be solidarily liable).
The three-fold rule does not limit civil liability; all civil awards are fully collectible.

9) Probation and parole with multiple counts

Probation is evaluated against the judgment and the maximum term(s) imposed. As a working guide:
- If any count carries a maximum term above the statutory ceiling for probation, the accused is commonly treated as ineligible.
- Where each count’s maximum does not exceed the ceiling, probation may be available, but courts examine the entirety of the conviction (including aggravating factors, multiplicity, and victim impact) in exercising discretion.
- An application for probation waives appeal of the conviction as to that judgment.
Parole applies after service of the minimum and subject to board discretion and exclusions; with multiple counts, authorities look at the effective sentence after applying the three-fold rule and credits.

Practice pointer: File a sentencing memo showing: (a) per-count ISL computations, (b) order of severity, (c) three-fold/40-year math, and (d) preventive/GCTA credits. This helps the court and the jail/prison compute release dates properly.

10) Special situations

Special laws with fixed, indivisible penalties (e.g., offenses punished by reclusion perpetua): per count, the court imposes one indivisible penalty; multiple such counts stack successively, but actual service still cannot exceed 40 years.
Youthful offenders (RA 9344 and amendments): Suspension of sentence and diversion regimes can apply; if later convicted as an adult for multiple counts, sentencing follows the usual rules, but earlier diversion compliance may impact mitigation.
Acquittal on some counts: Sentencing stands only for the counts of conviction; double jeopardy bars re-prosecution of acquitted counts.
Frustrated/attempted stages across counts**:** penalties lowered by degree are computed per count, then still subject to successive service and the caps.
Accessory penalties that are perpetual (e.g., perpetual absolute disqualification): These may outlast actual imprisonment and attach per count when the law so provides.

11) Sentencing workflow (bench & bar checklist)

A. For each count

Identify the proper penalty (consider qualifying/aggravating circumstances).
Fix period (min/med/max) under the RPC rules on circumstances.
Apply Indeterminate Sentence Law (if applicable): set max within proper penalty and min within next lower.
State fines, accessory penalties, and civil awards per count.

B. For the whole case

Rank all imprisonment penalties by severity.
Declare that they will be served successively in order of severity, subject to:
- Three-fold rule (≤ 3× of the single most severe), and
- Absolute cap of 40 years.
Credit preventive imprisonment; note any exclusions.
Note eligibility (or ineligibility) for probation/parole and any statutory exclusions.
Direct jail/prison authorities on fine collection and subsidiary imprisonment (if applicable).
Summarize civil liabilities (principal, interest, solidary rules).
Order confiscation/forfeiture and destruction/disposition of seized items as required by law.

12) Sample dispositive language (illustrative only)

“WHEREFORE, judgment is rendered CONVICTING the accused on Counts 1–3 of [Offense]. For Count 1, he is sentenced to an indeterminate penalty of [min] as minimum to [max] as maximum, with the accessory penalties of the law, and to pay a fine of ₱[amount]. For Count 2, … For Count 3, … The imprisonment penalties shall be served successively in the order of their severity, subject to the three-fold rule and the statutory maximum of 40 years actual service. The accused shall receive credit for preventive imprisonment in accordance with law. He is further ordered to pay, for each count, civil indemnity, moral and exemplary damages of ₱[amounts], plus legal interest from finality of judgment until fully paid, and to forfeit in favor of the State the items described in the body of this Decision.”

13) Frequently asked questions

Q1: Can the court order multiple prison terms to run at the same time (concurrently)? A: As a rule under the RPC, no. Imprisonment penalties for different counts are successive. The three-fold rule and 40-year cap temper the aggregate.

Q2: If each count carries reclusion perpetua, does the convict serve life three times? A: The sentences are successive nominally, but actual service is limited by the 40-year cap; accessory penalties (e.g., perpetual disqualification) attach per count.

Q3: Does the three-fold rule reduce fines or civil damages? A: No. It only limits actual imprisonment.

Q4: How does preventive detention affect multiple sentences? A: Credited once against the actual term to be served (after the caps), per statute. Jail authorities compute the earliest release date using preventive credits and good-conduct allowances.

Q5: With multiple counts, how is probation handled? A: Courts look at the maximum term(s) imposed and statutory disqualifications. If any count’s maximum exceeds the ceiling, expect ineligibility; where each is within the ceiling, probation may be considered, subject to judicial discretion.

14) Bottom line

Decide first if the prosecution theory warrants one complex count or many separate counts—that choice dictates how many sentences exist.
For multiple counts, courts impose one penalty per count, then apply successive service, limited by the three-fold rule and the 40-year cap.
Compute the indeterminate sentence per count, award civil liability per count, sum fines, and clearly state credits (preventive/GCTA) and accessory penalties.
A clear sentencing worksheet and an explicit dispositive portion prevent over- or under-detention and reduce post-conviction computation errors.

This guide provides general legal information. For case-specific exposure, consult the text of the Revised Penal Code and relevant special laws, rules on sentencing and evidence, and controlling jurisprudence.