Indeterminate Sentence Law

1. Determine crime committed and the penalty imposable.
2. Fix the proper degree by determining of the provisions

of Art. 64 par.5 (2+ MC, no AC), Art. 68 (Minority) & 69
(Inc. self defense) are applicable then LOWER the
penalty by degree/s
3. Fix the MINIMUM penalty by lowering the penalty by ONE
DEGREE from the penalty imposable to the offense
committed or from the proper degree if Art. 64 (5), Art
68 & 69 is applicable without any reference to any
period. The judge has the discretion to fix the
minimum in any period of the MINIMUM penalty.
4. Fix the MAXIMUM penalty by going to the penalty
imposable or proper degree where you immediately
came from and look for remaining MC or AC if any, and
apply them. Fix the proper period by applying Art. 64.
This is the MAXIMUM of the indeterminate sentence
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression + any
other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC
Case # 1: Rolex killed Chelnag.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
MINIMUM MEDIUM MAXIMUM Arresto Mayor
Rec. Perpetua
Death
1. Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL

2. Not applicable!

3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR

4. MAXIMUM INDETERMINATE SENTENCE
No MC, No AC = RECLUSION TEMPORAL, MEDIUM TERM
IS: PRISION MAYOR to RECLUSION TEMPORAL,
MEDIUM TERM
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression + any
other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC
Case # 2: Rolex killed Chelnag. Rolex
voluntarily surrendered.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL

2. Not applicable!


One MC (Voluntary surrender), No AC = RECLUSION
TEMPORAL, MINIMUM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression + any
other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 3: Rolex killed Chelnag. Rolex was a
recidivist.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death

2. Not applicable!


No MC, One AC (recidivism) = RECLUSION TEMPORAL,
MAXIMUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM

STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression + any
other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 4: Rolex killed Chelnag. Rolex was a recidivist.
Rolex voluntarily surrendered and pleaded guilty.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death

2. Not applicable!


Two MC, One AC = One MC
Maximum IS = RECLUSION TEMPORAL, MINIMUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression + any
other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 5: Rolex killed Chelnag. Rolex voluntarily
surrendered and pleaded guilty.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death

2. Two MC (voluntary surrender & plea of guilty)
Penalty = one degree lower = PRISION MAYOR

One degree lower = PRISION CORRECCIONAL

No MC, No AC
Maximum IS = PRISION MAYOR, MEDIUM TERM

IS: PRISION CORRECCIONAL to PRISION MAYOR, MEDIUM

STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression + any
other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 6: Rolex when he was 17 y/o killed Chelnag
with discernment. Rolex voluntarily surrendered.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death

2. Minority: 17 y/o with discernment (RA9344)


One MC (Voluntary surrender), No AC
Maximum IS = PRISION MAYOR, MINIMUM TERM

IS: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM

STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 7: Rolex when he was 17 y/o robbed and killed
Chelnag with discernment. Rolex voluntarily surrendered.

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death
1. Crime: ROBBERY w/ HOMICIDE
Penalty: RECLUSION TEMPORAL (Homicide has the higher
penalty)



Imposable penalty for complex crime: PRISION MAYOR, MAX
One MC (Voluntary surrender), No AC
Maximum IS = PRISION MAYOR, MAX at Minimum range
Privilege MC, Complex Crime, Ordinary MC
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 8: Rolex was found guilty of murder upon a plea of guilty.
Sentence suspended since he was 16 y/o but was incorrigible. He was
returned to the Court to impose proper penalty. The court imposed an IP
from 5y of PC as MINIMUM to 10y, 1d of PM as the MAXIMUM. OK ba?
Rec. Temporal, MIN: 12y, 1d to 14y, 8m
Rec. Temporal, MED: 14y, 8m, 1d to 17y, 4m
Rec. Temporal, MAX: 17y, 4m, 1d to 20y
Prision mayor, MIN: 6y, 1d to 8y
Prision mayor, MED: 8y, 1d to 10y
Prision mayor, MAX: 10y, 1d to 12y
Prision Corec, Max: 4y, 2m, 1d to 6y
Rec. Perpetua
Death
1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248)

Penalty = one degree lower = PRISION MAYOR, Max to RT, Med (Art.
61, par.3)

3. MINIMUM INDETERMINATE SENTENCE: PC, Max to PM, Med

One MC (Plea of guilty), No AC
Maximum IS = PRISION MAYOR, MAX
Step 1
Step 2
Step 3
Step 4
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 9: Rolex killed Chelnag with treachery. He was found
guilty of murder. MCs of plea of guilty and voluntary
surrender.
Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d
Prision mayor, MED: 8y, 1d to 10y
Prision mayor, MAX: 10y, 1d to 12y,5m,10d
Rec. Perpetua
Death
1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248)

2. 2 MC (Voluntary surrender & Plea of guilty)
Penalty = PRISION MAYOR, Max to RT, Med (Art. 61, par.3)

3. MINIMUM INDETERMINATE PENALTY : PC, Max to PM, Med

4. MAXIMUM INDETERMINATE PENALTY
No MC, No AC
Divide the Penalty @ #2 into three periods
Maximum IP = Medium period of PM, Max to RT, Med
Step 1
Step 2, Penalty
Step 3, MIN IP
Step 4, MAX
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 10: People vs. Jaurigue. The woman stabbed the
man when placed his hand on the womans thigh, w/o any
provocation on her part.

2. Incomplete defense: unlawful aggression & lack of suff. provocation
Penalty = two degrees lower = PRISION CORRECCIONAL

3. MINIMUM INDETERMINATE SENTENCE: ARRESTO MAYOR
Under Pp. vs. Jaurigue = ARRESTO MAYOR, MEDIUM

No MC, No AC
Maximum IS = PRISION CORRECCIONAL, MEDIUM
MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Rec. Perpetua
Death
MINIMUM
1m, 1d to 2m
MEDIUM
2m, 1d to 4m
MAXIMUM
4m, 1d to 6m
Arresto Mayor
1 m, 1d to 6 m
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 11: People vs. Nicolas. A killed B in self-defense.
There was unlawful aggression by B and no sufficient
provocation from A. But the means employed by A to defend
himself was not reasonable. A acted w/ obfuscation and
after killing B, surrendered himself.

2. Incomplete defense: unlawful aggression & lack of suff.
provocation
Two degrees lower = PRISION CORRECCIONAL

2 MC (Obfuscation & Voluntary surrender)
One degree lower = ARRESTO MAYOR

ISL = not applicable since the range of Arresto Mayor is only
from 1 month, 1 day to 6 months which is BELOW 1 year.

Penalty: ARRESTO MAYOR, MEDIUM (No AC, no MC)

Rec Temporal
12y, 1d to 20 y
Prision mayor
6 y, 1d to 12 years
Prision Corec
6 m, 1d to 6 years
Arresto Mayor
Arresto Mayor
1 m, 1d to 6 m
Step 1
Step 2 (Art. 59)
Step 2 (Art. 54 (5))
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 12 others: People vs. De Lara. A pleaded guilty to
the charge of robbery in an inhabited place defined and
penalized under Art 299. The value taken did not exceed
P250.
1. Crime: Robbery in an inhabited place.
Penalty: RECLUSION TEMPORAL (Art.299)

2. Stolen items less than P250
One degree lower = PRISION MAYOR, Minimum (Art. 299)

3. MINIMUM IP: PRISION CORRECCIONAL

No MC, No AC
Divide Prision Mayor, Minimum into 3 periods
Maximum IP = PRISION MAYOR, MINIMUM in its MEDIUM period
6y, 8m, 1d to 7y, 4m
IP: Prision Correccional as minimum to Prision Mayor, Minimum in its
medium period as maximum

Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
Prision mayor
6 y, 1d to 12 years
Prision Corec
6 m, 1d to 6 years
Step 1
Step 2
Step 3
SC RULING: FOUR (4) years and TWO (2) days of prision correccional, as
minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as maximum.
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 12 others: People vs. De Lara. A pleaded guilty to
the charge of robbery in an inhabited place defined and
penalized under Art 299. The value taken did not exceed
P250.
OBSERVATIONS ABOUT THE RULING OF THE CASE:
Based on our procedure:
IP: Prision Correccional as minimum to Prision Mayor, Minimum in its
medium period as maximum

Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
Prision mayor
6 y, 1d to 12 years
Prision Corec
6 m, 1d to 6 years
SC RULING:
IP: FOUR (4) years and TWO (2) days of prision correccional, as
minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as
maximum.

Note: SC disregarded that fact that the maximum penalty be
implemented at MINIMUM period as provided for by Art. 299.

One case of inconsistencies of SC rulings in imposing ISL.
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 13: Rolex was guilty of a complex crime
frustrated homicide with assault upon an agent of
person in authority.
1. Crime: FRUSTRATED HOMICIDE with ASSAULT (Complex crime)

Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1degree lower)
ASSAULT : PC, MED to MAX PERIOD

Penalty to be considered: PRISION MAYOR (Higher)

2. Not applicable!


Maximum IP = PRISION MAYOR, MAXIMUM (Art.48)
IP: Prision correccional as minimum to prision mayor in its maxium
period as maxium
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
Prision Corec
6 m, 1d to 6 years
Step 1
Step 3
Step 4
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 14: Rolex attempted to kill his uncle, Joey, a
senior citizen. He was not able to kill Joey because he
was arrested upon complaint of Joey of Rolexs
threats that he will kill him.
1. Crime: GRAVE THEATS Penalty: PRISION CORRECTIONAL
(2 degrees lower penalty for homicide)
Art.282 (1)

2. Not applicable!

3. MINIMUM IP: ARRESTO MAYOR

No MC, 2 Acs (Relationship & disregard of the respect due on
account of his age)
Maximum IP = PRISION CORRECCIONAL, MAXIMUM, max range
IP: Arresto Mayor as minimum to prision correccional in its maximum
period as maximum
Rec Temporal
12y, 1d to 20 y
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Arresto Mayor
Arresto Mayor
1 m, 1d to 6 m
Step 1
Step 3
Step 4
STEPS
1. Crime and
penalty
2. Lower penalty
by:
1deg:2+ MC, no AC
1deg: >15<18
1deg: unlawful
aggression only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM = one
degree lower
from imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC or
MC

Case # 15: Rolex, who was a public employee took
advantage of his position to falsify a document
defrauding the victim of P10,000.
1. Crime: ESTAFA thru FALSIFICATION (Complex crime)

Penalty: ESTAFA: PRISION CORRECCIONAL (Min-Med(Art.315)
FALSIFICATION: PRISION MAYOR (Art. 171)

Penalty to be considered: PRISION MAYOR (Higher)

2. Not applicable!


Maximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium range
Prision mayor
6 y, 1d to 12 years
MINIMUM
6m, 1d to 2y, 4m
MEDIUM
2y, 4m, 1d to 4y, 2m
MAXIMUM
4y, 2m, 1d to 6y
Prision Corec
6 m, 1d to 6 years
Step 1
Step 3
Step 4
ASSIGNED CASES
1. People vs. Nang Kay (Special Law)
2. People vs. Formigones (RPC)
3. People vs. Laler(RPC)
4. People vs. Onate (RPC)
5. People vs. Clareon (Special Law)
6. People vs. Lope Viente (Special Law)
7. Bacar vs. De Guzman (RPC)
8. Dela Cruz vs. CA (RPC)
9. Ladino vs. Garcia (RPC)
10. People vs. Saley, estafa (RPC), illegal
recruitment (Special Law)
11. People vs. Narvasa (RPC & Special Law)
12. People vs. Campuhan (RPC)

PEOPLE VS. NANG KAY, 83 PHIL 515 (SPECIAL LAW)

Crime: Illegal possession of firearms
Penalty: 5 years to 10 years (SPECIAL LAW)
Imposed Penalty: 5 years, 1 day

Issue: Is ISL to be applicable?

Ruling: NO. Applying ISL will result of lengthening his
prison sentence which is contrary to the objective
of RA4103 as illustrated below:

INDETERMINATE MINIMUM PENALTY: 5 years
INDETERMINATE MAXIMUM PENALTY: 10 years

Indeterminate sentence: 5 years to 10 years
PEOPLE VS. FORMIGONES, 87 PHIL 185

Facts: Accused stabbed his wife at the back resulting to her
death due to his suspicion that his bro-in-law was having an
illicit affair with him.
Crime: Parricide ( reclusion perpetua to death)
Imposed Penalty by LC: Death
SC Findings:
1. No AC of treachery (not alleged in the complaint)
2. Two MC of feeblemindedness & crime of passion

SC Ruling: Lesser penalty of reclusion perpetua (Art.63 par. 2
on two indivisible penalties)

RA4103: Those with penalties of death and life imprisonment are
exempted from the application of the ISL.

This case was decided in 1950 wherein the accused was
penalized with RP but ISL was not applied. This was clarified
in the case of PEOPLE VS. NARVASA, 298 SCRA 637
PEOPLE VS. LALER, APRIL 15, 1963

Cant find case:

Cited in: Criminal Law by Abelardo Estrada

PEOPLE VS. ONATE, 78 SCRA 43 (Similar to Case # 9)
Facts: Accused stabbed the victim, without warning, on his forehead
after a tuba drinking spree.
Crime: Murder
Penalty imposed by LC: cadena perpetua (should be RP)
SC Findings:
1. Murder qualified by alevosia (Rec. Temporal, Max to Death (Art.248)
2. One MC of voluntary surrender (A Certification was not formally
offered as evidence but was later recognized by SolGen)
SC Ruling:
Penalty: MODIFIED to IP of 10 years and 1 day of prision mayor to 17
years, 4 months and 2 days of reclusion temporal

Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d
Prision mayor, MAX: 10y, 1d to 12y,5m,10d
Rec. Perpetua
Death
Step 1
Step 3
Step 4, One MC
PEOPLE VS. CLAREON, Nov. 29, 1982 (PASSSSSS, SPECIAL
LAW)

Clareon and his companion stole the motorcycle of Anastacio
Barbajo. Clareon was on parole when the crime happened

Penalty: 10 years, 1 day
COA: ISL to be applied

Ruling: Accused is not disqualified to avail of the ISL even if the
crime was committed while on parole.

IND. MINIMUM PENALTY: 6 years, 8 months & 1 day
IND. MAXIMUM PENALTY: not exceed maximum fixed by law

PEOPLE VS. LOPE VIENTE, 225 SCRA 361 (PASSSSSS, SPECIAL
LAW)

Lope Viente and his two companions forcibly took the
jeepney from Narciso Cabatas.

Crime: Carnapping ( violation of RA6539)
Penalty: 17 years & 4 months to 30 years
Imposed penalty: 30 years

SolGen: Straight penalty of 30 year should not be applied

Ruling: Agreed with the Solicitor General

IND. MINIMUM PENALTY: 17 years & 4 months
IND. MAXIMUM PENALTY: 30 years

BACAR VS. DE GUZMAN, APRIL 18, 1997

Facts: De Guzman was the TC judged that rendered judgment
finding the accused guilty of homicide and penalized with PM
to RT. Accused asked for a reconsideration wherein the judge
took into account 2 MC: threat on the part of the victim & no
intention to commit so grave a wrong as that committed.
Crime as per TC: Homicide with 2 MC
Imposed Penalty by TC: straight penalty of 3 years

Petitioners: Parents of the victim complained of gross
ignorance of law against Judge De Guzman

SC Findings:
Ruling: Judge is liable for gross ignorance of law.
Crime: Homicide (penalty: Reclusion temporal) (Step 1)
With 2 MC, penalty = Prision Mayor, medium (Step 2)
IND. MINIMUM PENALTY: Prision Correccional (Step 3)
IND. MAXIMUM PENALTY: Prision Mayor, Medium (Step 4, no
other MC & AC)

DELA CRUZ VS. CA, 265 SCRA 299
Facts: Erlinda dela Cruz, representing herself as customs broker,
convinced Victor Bellosillo to part with his money amounting to
P715k on several instances for the release of used machine
spare parts. Accused failed to deliver the items.
TC findings: Guilty of Estafa (Art.315)
TC impose penalty: IS of 4 years, 2 months of prision correccional
in its medium period as the MINIMUM to 8 years of prision
mayor in its minimum as the MAXIMUM, PLUS 69 years, but the
penalty to be suffered shall not exceed 20 years.
CA imposed penalty: AFFIRMED. IS of 4 years, 2 months of prision
correccional as MINIMUM to 20 years of reclusion temporal as
maximum
SC Ruling: AFFIRMED.
Art.315: Penalty: For above P22k: PM, Minimum
Step 4:

The maximum penalty of PM minimum would be increased by 1
year for each additional P10k (P715k-P22k=P693k/P10k = 69
years)

MINIMUM
6y, 1d to 8y
Prision mayor
6 y, 1d to 12 years
+ 1 year for every P10k excess
LADINO VS. GARCIA, 265 SCRA 422
Facts: Ladino & Amistad were charged with special complex
crime of robbery w/ homicide. They pleaded guilty of the lesser
offense of single homicide which the widow of the victim
conformed.
Crime: Homicide (no MC, no AC)
Penalty imposed by LC: 14 years, 8 months & 1 day to 17 years,
4 months & 1 day of reclusion temporal
SC Findings:
1. Exceeded penalty by ONE day of the medium period of RT
when no MC and AC.
2. ISL shall apply.
SC Ruling:
Penalty: MODIFIED to IP of 10 years of prision mayor as minimum
to 17 years, 4 months of reclusion temporal as maximum

MINIMUM
12y, 1d to 14y, 8m
MEDIUM
14y, 8m, 1d to 17y, 4m
MAXIMUM
17y, 4m, 1d to 20y
Rec Temporal
12y, 1d to 20 y
MINIMUM
6y, 1d to 8y
MEDIUM
8y, 1d to 10y
MAXIMUM
10y, 1d to 12y
Prision mayor
6 y, 1d to 12 years
PEOPLE VS. SALEY, 291 SCRA 715
Facts: La Trinidad, Benguet Case. Saley was convicted of 11
counts of estafa and 6 counts of illegal recruitment. (Will
discuss on ESTAFA)
Crime: 11 counts of ESTAFA involving amounts of P18k to
45k)
Penalty imposed by LC: IP of prision correccional, minimum as
MINIMUM and prision correccional, maximum as MAXIMUM
SC Ruling:

All cases involving 42,000 and below were
Total upheld. Only cases above 22,000
Were modified. Note: no rounding up of addl years.
Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min
If above P22k, implement the max period (similar to complex crime) +
Divide
into 3
equal
periods
Period From To
Minimum
4 years, 2
months & 1 day
5 years, 5
months and 10
days
Medium
5 years, 5
months and 11
days
6 years, 8
months and 20
days
Maximum
6 years, 8
months and 21
days 8 years
Prision Corec, MIN: 6m, 1d to 2y, 4m
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m
Pp. vs. Saley:
In fine, the one year period (excess), whenever applicable, shall be
added to the maximum period of the principal penalty of anywhere from
6 year, 8 months and 21 days to 8 years.
Divide
into 3
equal
periods
Period From To
Minimum
4 years, 2
months & 1 day
5 years, 5
months and 10
days
Medium
5 years, 5
months and 11
days
6 years, 8
months and 20
days
Maximum
6 years, 8
months and 21
days 8 years

If above P22k, implement the max period (similar to complex crime) + 1
year for every excess of P10,000
Divide
into 3
equal
periods
Period From To
Minimum
4 years, 2
months & 1 day
5 years, 5
months and 10
days
Medium
5 years, 5
months and 11
days
6 years, 8
months and 20
days
Maximum
6 years, 8
months and 21
days 8 years
ESTAFA
CR1397: Amount P45,000.00
TC imposed IP:
Minimum: 3 years, 6 months, 21 days Prision correccional
Maximum: 7 years, 4 months, 1 day Prision mayor
SC imposed IP:
Minimum: 3 years, 6 months, 21 days Prision correccional, med
Maximum: 8 years, 8 months, 21 day Prision mayor, max

Computation: 45,000-22,000 = 23, 000/10,000 = 2.3 years = 2 years

If above P22k, implement the max period (similar to complex crime) + 1
year for every excess of P10,000
Divide
into 3
equal
periods
Period From To
Minimum
4 years, 2
months & 1 day
5 years, 5
months and 10
days
Medium
5 years, 5
months and 11
days
6 years, 8
months and 20
days
Maximum
6 years, 8
months and 21
days 8 years
ESTAFA
CR1426: Amount P40,000.00
TC imposed IP:
Minimum: 1 year, 7 months, 11 days Prision correccional
Maximum: 6 years, 5 months, 11 day Prision mayor
SC imposed IP:
Minimum: 2 years, 4 months, 1 day Prision correccional, med
Maximum: 7 years, 8 months, 21 day Prision mayor, min

Computation: 40,000-22,000 = 18, 000/10,000 = 1.8 years = 1 year
PEOPLE VS. NARVASA, 298 SCRA 637
Facts: Narvasa and companions were tracked down as suspects in the
missing animals in Pangasinan. The police had an exchange of fire
near the hours of the Narvasas. One of the policemen died during
the encounter. The accused were apprehended and were found with
unlincensed firearms.

TC ruling:
Illegal possession of firearms in aggravated form: GUILTY. Penalty of
death but will suffer reclusion perpetua. (Possession is the
aggravating form as provided under the SPECIAL LAW RA___)

Homicide: TC considered it a necessary component of the crime of
illegal possession of firearms. Homicide merely an element in the
principal offense of illegal possession of firearms in its aggravated
form.

SC Ruling:
RA 8294: considers the use of unlicensed firearm as simply an AC in
murder or homicide, and not as a separate offense.

2. ISL shall apply.

SC Ruling:
Penalty: MODIFIED to IP of 10 years of prision mayor as minimum to 17
years, 4 months of reclusion temporal as maximum

PEOPLE VS. NARVASA, 298 SCRA 637
Facts: Narvasa and companions were tracked down as suspects in the
missing animals in Pangasinan. The police had an exchange of fire
near the hours of the Narvasas. One of the policemen died during
the encounter. The accused were apprehended and were found with
unlincensed firearms.

SC Ruling:
Under RA 8294, appellants are liable only of homicide and penalized with
reclusion temporal.

Penalty: MODIFIED.
Guilty of HOMICIDE with special AC of using unlicensed firearm
IP: 12 years of prision mayor as MINIMUM to 20 years of reclusion temporal
as MAXIMUM.

2. ISL shall apply.

SC Ruling:
Penalty: MODIFIED to IP of 10 years of prision mayor as minimum to 17
years, 4 months of reclusion temporal as maximum

PEOPLE VS. CAMPUHAN, 329 SCRA 270
Facts: Primo Campuhan was found on a kneeling position, short pants
down, on top of 4 y/o Crystel whose pajamas and panties were
removed.
TC ruling:
Crime: Statutory rape
Penalty: death

SC Ruling:
Crime: Attempted rape
Penalty: Reclusion temporal (2 degrees lower from death)

Imposed penalty:
IP of 8 years, 4 months and 10 days of prision mayor medium as
MINIMUM to 14 years, 10 months, 20 days of reclusion temporal
medium as MAXIMUM

2. ISL shall apply.

SC Ruling:
Penalty: MODIFIED to IP of 10 years of prision mayor as minimum to
17 years, 4 months of reclusion temporal as maximum

Indeterminate Sentence Law

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Indeterminate Sentence Law

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1. Determine crime committed and the penalty imposable.

2. Fix the proper degree by determining of the provisions

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