Article 74 of the Philippine Revised Penal Code provides for the rule on the imposition of a penalty higher than reclusion perpetua in certain cases. The article states that if the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, and if such higher penalty is that of death, then the same penalty and the accessory penalties of Article 40 shall be considered as the next higher penalty.
In simpler terms, this means that if a law provides for a punishment that is higher than reclusion perpetua (imprisonment for at least 30 years), but the law does not specifically name the higher penalty, and the higher penalty is death, then the penalty shall be considered as the next higher penalty. This means that the penalty to be imposed will be the highest penalty under the law, which is death, along with the accessory penalties provided for in Article 40 of the Revised Penal Code.
The accessory penalties in Article 40 include civil interdiction, deprivation of rights and properties, and perpetual special disqualification. These penalties are additional punishments that may be imposed along with the main penalty, depending on the nature of the crime and the circumstances of the offender.
Overall, Article 74 ensures that the appropriate penalty is imposed for a crime, even if the specific penalty is not named in the law. This helps to maintain the fairness and consistency of the Philippine justice system.