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The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the following
exceptions:
NOTES:
If the accused was granted parole and violated some conditions of the parole, What will happen?
A warrant of arrest will be issued by the court and the accused will be made to serve the rest of the
remaining or unexpired portion of his sentence. (But in probation you go back to number 1, serving of
sentence will be from the beginning)
Application of ISLAW:
Note:
It is anything within the inclusive range of the prescribed penalty. The Courts are given discretion in the
imposition of the indeterminate penalty.
The ACs and MCs are not considered unless the special law adopts the same terminology for penalties as those
used in the RPC.
How to get maximum and minimum penalty in Revised Penal Code:
ILLUSTRATIONS:
1. In the crime of homicide, under the Revised Penal Code, the offender is sentenced to reclusion temporal.
The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But reclusion temporal is a
divisible penalty consisting of maximum, medium and minimum periods. Which period will we place the
maximum term of the Indeterminate Sentence?
NOTE:
- If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.
- Again, prision mayor is a divisible penalty. Which period can it be placed?
Under the Indeterminate Sentence Law, it would depend upon the discretion of the court on which period
to place it. Thus, the minimum penalty is prision mayor in any of its period.
- Factors that could affect the imposition of minimum penalty:
1. Age
2. Conduct during trial
3. Mental or physical condition
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2. Suppose in the example above, 1 aggravating circumstance was proven. What is now the maximum
penalty?
It would still be reclusion temporal, but it shall be placed in the maximum period because of the presence of 1
aggravating circumstance.
It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which period? It shall be
discretionary upon the court.
3. 1 mitigating but NO aggravating
NOTE:
In the preceding example, there are 3 mitigating circumstance present and no aggravating circumstance.
The first two mitigating circumstance shall be a privileged mitigating circumstance. Thus, the penalty will be
reduced by 1 degree from reclusion temporal to prision mayor. The 3rd mitigating circumstance shall place
the penalty in the minimum period.
5. 4 mitigating, NO aggravating
maximum penalty: prision correctional in the medium period (2 privileged circumstance. Thus we lower by 2
degrees)
minimum penalty: arresto mayor any period
6. 5 mitigating, NO aggravating
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period
NOTE:
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Under the Revised Penal Code, falsification of public documents (Article 171) is a more serious offense
punished by prision mayor than estafa (Article 315), punished only by prision correctional.
Thus, applying the Indeterminate Sentence Law, the maximum penalty for estafa through falsification of
public documents shall be prision mayor in the maximum period. Minimum penalty shall be prision
correctional, any period.
ILLUSTRATIONS:
C. 4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period