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ISLAW Assignment
ISLAW Assignment
8. Where there is a complex crime with 2 mitigating circumstances and without any aggravating
circumstance
There being two (2) mitigating circumstances of voluntary surrender and plea of guilty, without
any aggravating circumstance, the penalty next lower to that provided by law should be
imposed. For the purposes of the Indeterminate Sentence Law, the penalty next lower should be
determined without regard as to whether the basic penalty provided by the Code should be
applied in its maximum or minimum period as circumstances modifying liability may require.
The penalty after considering the two mitigating circumtances is prision correccional in its
maximum period since this is a complex crime. The maximum term of the indeterminate penalty
is prision correccional in its maximum period. The minimum term is arresto mayor, the penalty
next lower in degree from prision correccional, which may be imposed by the court within its
range or in any of its periods.
10. The penalty of reclusion temporal should be imposed in the minimum period. The maximum
term of the indeterminate penalty is reclusion temporal minimum and the minimum is prision
mayor in any of its period or anywhere within its range.