Crim Notes – 11/14/18 2 or more 0 I Degree Lower

4 1
Penalties (Art 25)
Death - D
Reclusion Perpetua – RP
Reclusion Temporal – RT
Prision Mayor - PM
Prision Correccional - PC
Arresto Mayor - AMa
Arresto Menor – Ame
Single Two
indivisible indivisible
penalty penalty
D RP – D
RP
Minimum
0 2 or more Maximum
2 2 Medium
2 3 Maximum
***Application in ISLAW
Disqualifications
- Punishable by D, RP, Life imprisonment
- TCD
Divisible - MER
penalties - HD (Within 10 years)
- SLRTEF (3rd time)
RT – Down - Evade / Escape from confinement
- Punishable 1 year or less

***Single indivisible penalty: D/RP GR: Mandatory: Applied in SPL and RPC
Scenario 1: XPN: If there is disqualification, do not apply the Ind.
In a crime imposed with RP Sen.
- Voluntary surrender
- Plea of guilty In case of violation:
- Passion and obfuscation ISLAW – Serve the max. term
= Not appreciated Probation – Serve the original term

Scenario 2: ***Computation for SPL

A crime committed by:
- 17 y/o with discernment – Privilege Mitigating Max. Term -------------------------------------------------
- Voluntary surrender – Min
= RT in its minimum period 5 – 10 a. 6-10 b. 7-12

GR: Mit. Cir. Is not appreciated

XPN: There must be an existence of Pri. Mit. Cir. First Min. Term -------------------------------------------------

***Two indivisible penalty: RP – D Scenarios:

a.
M A Period Law – 5 - 10
0 0 None Court – 6 - 12
1 0 Lower Is the imposition proper?
0 1 Higher = Yes. It is within the term prescribed by law.
2 2 None
3 1 Lower b.
2 3 Higher Law – 5 – 10
Court: 7 – 12
***Divisible Penalties Is the imposition proper?
Periods: Minimum, Medium, Maximum = No. It is beyond the term prescribed by law.

M A Period Proper – Anywhere fixed by law

0 0 Medium Improper – Lower / higher against such fixed by law
1 0 Minimum
 - 17 y/o
***Computation for RPC = Exempting, not to be computed

Max. Term Scenario 5:

- Code RP
- Rule of off-setting (M/A) / Divisible penalty - Plea of guilt
- Treachery
Min. Term = Single indivisible penalty, not to be computed
- One degree lower “imposed by the court the
period of which upon the discretion of the Scenario 6:
court” PM
- 17 y/o with disc. – 1 PM – I degree lower
Scenario 1: - Lack of intent – 1 OM
RT - Passion and obfuscation – 1 OM 1 Deg. Lower
- Passion and obfuscation – 1 OM PC
Max. Term AM (1 month + 1 Day – 6 Months)
= RT in its min. period as the max term of indeterminate = Impose straight penalty
sentence
Min. Term ***Probation
= PM, the period of which upon the discretion of the Disqualifications:
court as min. term of indeterminate sentence - More than 6 years imprisonment
- Crimes against National Security
Scenario 2: - 6 Months / Fine of 1,000 or less
PM - Filed an appeal (within 15-day period = period
- Superior strength – 1 A of perfecting appeal)
- Plea of guilt – 1 M XPN: People vs. Colinares
Max. Term Amended Probation Law (RA 10707)
= PM in its med. period as the max term of - If the modified penalty imposed by the
indeterminate sentence court is probationable
Min. Term - Convicted of drug trafficking / pushing
= PC, the period of which upon the discretion of the
court as min. term of indeterminate sentence

Scenario 3:
RT
- Unlawful aggression – 1 OM
- Evident premeditation – 1 GA
- 17 y/old – 1 PM
Max. Term
= PM, in its med. period as the max term of
indeterminate sentence
Min. Term
= PC, the period of which upon the discretion of the
court as min. term of indeterminate sentence

Scenario 4:
RT
- Plea of guilt
- Passion and obfuscation