indeterminate sentence law

Determine crime committed and the penalty imposable.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/sFix 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.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

Case # 1: Rolex killed Chelnag.

Crime: HOMICIDEPenalty:RECLUSION TEMPORAL

Not applicable!

MINIMUM INDETERMINATE SENTENCEOne degree lower = PRISION MAYOR

MAXIMUM INDETERMINATE SENTENCENo MC, No AC = RECLUSION TEMPORAL, MEDIUM TERMIS: PRISION MAYOR to RECLUSION TEMPORAL, MEDIUM TERM

Case # 2: Rolex killed Chelnag. Rolex voluntarily surrendered.


Not applicable!


MAXIMUM INDETERMINATE SENTENCEOne MC (Voluntary surrender), No AC = RECLUSION TEMPORAL, MINIMUM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

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


Not applicable!


MAXIMUM INDETERMINATE SENTENCENo MC, One AC (recidivism) = RECLUSION TEMPORAL, MAXIMUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM

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


Not applicable!


MAXIMUM INDETERMINATE SENTENCETwo MC, One AC = One MCMaximum IS = RECLUSION TEMPORAL, MINIMUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

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


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

MINIMUM INDETERMINATE SENTENCEOne degree lower = PRISION CORRECCIONAL

MAXIMUM INDETERMINATE SENTENCENo MC, No ACMaximum IS = PRISION MAYOR, MEDIUM TERM

IS: PRISION CORRECCIONAL to PRISION MAYOR, MEDIUM

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


Minority: 17 y/o with discernment (RA9344)Penalty = one degree lower = PRISION MAYOR


MAXIMUM INDETERMINATE SENTENCEOne MC (Voluntary surrender), No ACMaximum IS = PRISION MAYOR, MINIMUM TERM

IS: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM

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

Crime: ROBBERY w/ HOMICIDE Penalty: RECLUSION TEMPORAL (Homicide has the higher penalty)Minority: 17 y/o with discernment (RA9344)Penalty = one degree lower = PRISION MAYOR


MAXIMUM INDETERMINATE SENTENCEImposable penalty for complex crime: PRISION MAYOR, MAXOne MC (Voluntary surrender), No ACMaximum IS = PRISION MAYOR, MAX at Minimum rangePrivilege MC, Complex Crime, Ordinary 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?Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248)Minority: 17 y/o with discernment (RA9344)Penalty = one degree lower = PRISION MAYOR, Max to RT, Med (Art. 61, par.3)

MINIMUM INDETERMINATE SENTENCE: PC, Max to PM, Med

MAXIMUM INDETERMINATE SENTENCEOne MC (Plea of guilty), No ACMaximum IS = PRISION MAYOR, MAXStep 1Step 2Step 3Step 4

Case # 9: Rolex killed Chelnag with treachery. He was found guilty of murder. MCs of plea of guilty and voluntary surrender.Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248)2 MC (Voluntary surrender & Plea of guilty)Penalty = PRISION MAYOR, Max to RT, Med (Art. 61, par.3)

MINIMUM INDETERMINATE PENALTY : PC, Max to PM, Med

MAXIMUM INDETERMINATE PENALTYNo MC, No ACDivide the Penalty @ #2 into three periodsMaximum IP = Medium period of PM, Max to RT, MedStep 1Step 2, PenaltyStep 3, MIN IPStep 4, MAX

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.Crime: HOMICIDE Penalty: RECLUSION TEMPORALIncomplete defense: unlawful aggression & lack of suff. provocationPenalty = two degrees lower = PRISION CORRECCIONAL

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

MAXIMUM INDETERMINATE SENTENCENo MC, No ACMaximum IS = PRISION CORRECCIONAL, MEDIUM

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.Crime: HOMICIDE Penalty: RECLUSION TEMPORALIncomplete defense: unlawful aggression & lack of suff. provocationTwo degrees lower = PRISION CORRECCIONAL2 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) Prision mayor6 y, 1d to 12 yearsStep 1Step 2 (Art. 59)Step 2 (Art. 54 (5))

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.Crime: Robbery in an inhabited place. Penalty: RECLUSION TEMPORAL (Art.299)

Stolen items less than P250One degree lower = PRISION MAYOR, Minimum (Art. 299)

MINIMUM IP: PRISION CORRECCIONAL

MAXIMUM INDETERMINATE PENALTYNo MC, No ACDivide Prision Mayor, Minimum into 3 periodsMaximum IP = PRISION MAYOR, MINIMUM in its MEDIUM period6y, 8m, 1d to 7y, 4m IP: Prision Correccional as minimum to Prision Mayor, Minimum in its medium period as maximumStep 1Step 2Step 3SC RULING: FOUR (4) years and TWO (2) days ofprision correccional, as minimum, to EIGHT (8) years and ONE (1) day ofprision mayor, as maximum.

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 maximumSC RULING:IP: FOUR (4) years and TWO (2) days ofprision correccional, as minimum, to EIGHT (8) years and ONE (1) day ofprision 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.

Case # 13: Rolex was guilty of a complex crime frustrated homicide with assault upon an agent of person in authority.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)

Not applicable!

MINIMUM IP: PRISION CORRECCIONALMAXIMUM INDETERMINATE PENALTYMaximum IP = PRISION MAYOR, MAXIMUM (Art.48)IP: Prision correccional as minimum to prision mayor in its maxium period as maxiumStep 1Step 3Step 4

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.Crime: GRAVE THEATSPenalty: PRISION CORRECTIONAL(2 degrees lower penalty for homicide)Art.282 (1)Not applicable!

MINIMUM IP: ARRESTO MAYORMAXIMUM INDETERMINATE PENALTYNo MC, 2 Acs (Relationship & disregard of the respect due on account of his age)Maximum IP = PRISION CORRECCIONAL, MAXIMUM, max rangeIP: Arresto Mayor as minimum to prision correccional in its maximum period as maximumStep 1Step 3Step 4

Case # 15: Rolex, who was a public employee took advantage of his position to falsify a document defrauding the victim of P10,000. 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)

Not applicable!

MINIMUM IP: PRISION CORRECCIONALMAXIMUM INDETERMINATE PENALTYMaximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium rangePrision Corec6 m, 1d to 6 yearsStep 1Step 3Step 4

ASSIGNED CASESPeople vs. Nang Kay (Special Law)People vs. Formigones (RPC)People vs. Laler(RPC)People vs. Onate (RPC)People vs. Clareon (Special Law)People vs. Lope Viente (Special Law)Bacar vs. De Guzman (RPC)Dela Cruz vs. CA (RPC)Ladino vs. Garcia (RPC)People vs. Saley, estafa (RPC), illegal recruitment (Special Law)People vs. Narvasa (RPC & Special Law)People vs. Campuhan (RPC)

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

Crime:Illegal possession of firearmsPenalty: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 yearsINDETERMINATE 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: DeathSC Findings:No AC of treachery (not alleged in the complaint)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:MurderPenalty 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

Step 1Step 3Step 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 dayCOA: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 dayIND. 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 yearsImposed penalty: 30 yearsSolGen:Straight penalty of 30 year should not be applied

Ruling: Agreed with the Solicitor GeneralIND. 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 MCImposed 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 299Facts: 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 maximumSC Ruling: AFFIRMED. Art.315: Penalty: For above P22k: PM, MinimumStep 4:

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

+ 1 year for every P10k excess

LADINO VS. GARCIA, 265 SCRA 422Facts: 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 temporalSC 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

PEOPLE VS. SALEY, 291 SCRA 715Facts: 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 MAXIMUMSC Ruling:

All cases involving 42,000 and below wereTotal upheld. Only cases above 22,000Were modified. Note: no rounding up of addl years.Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM minIf above P22k, implement the max period (similar to complex crime) + Divide into 3 equal periods

PeriodFromToMinimum4 years, 2 months & 1 day5 years, 5 months and 10 daysMedium5 years, 5 months and 11 days6 years, 8 months and 20 daysMaximum6 years, 8 months and 21 days8 years

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


PEOPLE VS. SALEY, 291 SCRA 715

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM minIf above P22k, implement the max period (similar to complex crime) + 1 year for every excess of P10,000 Divide into 3 equal periodsESTAFACR1397: Amount P45,000.00TC imposed IP:Minimum: 3 years, 6 months, 21 daysPrision correccionalMaximum: 7 years, 4 months, 1 dayPrision mayorSC imposed IP:Minimum: 3 years, 6 months, 21 daysPrision correccional, medMaximum: 8 years, 8 months, 21 dayPrision mayor, max

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


PEOPLE VS. SALEY, 291 SCRA 715

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM minIf above P22k, implement the max period (similar to complex crime) + 1 year for every excess of P10,000 Divide into 3 equal periodsESTAFACR1426: Amount P40,000.00TC imposed IP:Minimum: 1 year, 7 months, 11 daysPrision correccionalMaximum: 6 years, 5 months, 11 dayPrision mayorSC imposed IP:Minimum: 2 years, 4 months, 1 dayPrision correccional, medMaximum: 7 years, 8 months, 21 dayPrision mayor, min

Computation: 40,000-22,000 = 18, 000/10,000 = 1.8 years = 1 year


PEOPLE VS. NARVASA, 298 SCRA 637Facts: 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 637Facts: 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 firearmIP: 12 years of prision mayor as MINIMUM to 20 years of reclusion temporal as MAXIMUM.

2. ISL shall apply.


PEOPLE VS. CAMPUHAN, 329 SCRA 270Facts: 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 rapePenalty: death

SC Ruling:Crime: Attempted rapePenalty: 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.


A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.

**

indeterminate sentence law

Documents

minimum penalty

reclusion temporal homicide

proper degree

reclusion temporalminority

indeterminate sentencecase

minimum termis

maximum penalty

penalty imposable