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3. When there is 1 mitigating circumstance present If in number 1, A committed the crime due to passion and obfuscation MAXIMUM TERM reclusin temporal in its minimum period MINIMUM TERM anywhere within the range of prisin mayor 4. When the crime is complex under Art. 48 and an aggravating circumstance is present A was convicted of frustrated homicide with direct assault. He purposely sought nighttime to facilitate the commission of the crime MAXIMUM TERM maximum range of the maximum period of prisin mayor MINIMUM TERM anywhere within the range of prisin correccional, the penalty next lower from prision mayor NOTE: The penalty for frustrated homicide is prisin mayor, while that for direct assault is prisin correccional in its medium and maximum periods. Since the crimes are complexed, the greater penalty shall be imposed in its maximum period. In this case, prisin mayor is the greater penalty and shall be imposed in its maximum period (10 yrs and 1 day to 12 years). Furthermore, due to the presence of the aggravating circumstance of nighttime, the maximum period of prisin mayor shall be imposed in its maximum range that is 11 yrs 4 mos and 1 day to 12 yrs ; which is determined by dividing the maximum period into 3, to wit: Maximum range 11 yrs 4 mos and 1 day to 12 yrs Medium range 10 yrs 8 mos and 1 day to 11 yrs and 4 mos Minimum range 10 yrs and 1 day to 10 yrs and 8 mos 5. When the crime is complex under Art. 48 and a mitigating circumstance is present A was convicted of frustrated homicide with direct assault. He voluntarily surrendered to the police authorities. MAXIMUM TERM minimum range of the maximum period of prisin mayor MINIMUM TERM anywhere within the range of prisin correccional, the penalty next lower from prision mayor NOTE: The penalty for frustrated homicide is prisin mayor, while that for direct assault is prisin correccional in its medium and maximum periods. Since these crimes are complexed, the greater penalty shall be imposed in its maximum period. In this case, prisin mayor is the greater penalty and shall be imposed in its maximum period (10 yrs and 1 day to 12 years). However, due to the presence of the mitigating circumstance of voluntary surrender, the maximum period of prisin mayor shall be imposed in its minimum range that is 10 yrs and 1 day to 10 yrs and 8 mos; which is determined by dividing the maximum period into 3, to wit: Maximum range 11 yrs 4 mos and 1 day to 12 yrs Medium range 10 yrs 8 mos and 1 day to 11 yrs and 4 mos Minimum range 10 yrs and 1 day to 10 yrs and 8 mos 6. When there is a privileged mitigating circumstance and 1 mitigating circumstance A was convicted of homicide but was deemed entitled to the privileged mitigating circumstance of incomplete self-defense and the ordinary mitigating circumstance of plea of guilty.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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