You are on page 1of 3

San Beda College of Law

141

MEMORY AID IN CRIMINAL LAW


APPENDIX A Application of the Indeterminate Sentence Law (ISL) SUMMARY OF RULES: 1. When the crime is punished by the Revised Penal Code: The court must determine two penalties, referred to in the ISL as the MAXIMUM and MINIMUM terms. MAXIMUM term that which could be properly imposed in view of the ordinary mitigating and aggravating circumstances. MINIMUM term that which shall be within the range of the penalty next lower to that provided by the RPC for the offense without regard to the ordinary mitigating and aggravating circumstances. Except in the case of privileged mitigating circumstances, which are taken into consideration in determining such penalty next lower. The penalty next lower is determined according to the scale provided in Art 71 of the RPC. 2. When the crime is punished by special law: The court shall also prescribe MAXIMUM and MINIMUM terms which shall not be more than nor less than the period fixed by the special law. EXAMPLES: Under special law: A was convicted of illegal recruitment under R.A. No. 8042 which prescribes a penalty of imprisonment of not less than 6 years and 1 day but not more than 12 years. The court imposed the indeterminate penalty of imprisonment from 8 years and 1 day as the MINIMUM term, to 11 years and 1 day as the MAXIMUM term. Was the penalty properly imposed? YES, the minimum term of the indeterminate penalty is not less than 6 years and 1 day nor does the maximum term thereof exceed 12 years, as prescribed by the special law. Under the RPC: 1. When neither mitigating nor aggravating circumstances are present A was convicted of homicide punishable with reclusin temporal. MAXIMUM TERM reclusin temporal in its medium period MINIMUM TERM anywhere within the range of prisin mayor, the penalty next lower from reclusin temporal 2. When there is 1 aggravating circumstance present If in number 1, A committed the crime in contempt of the public authorities MAXIMUM TERM reclusin temporal in its maximum period MINIMUM TERM anywhere within the range of prisin mayor

CRIMINAL LAW COMMITTEE


CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.

142

2005 CENTRALIZED BAR OPERATIONS

3. When there is 1 mitigating circumstance present If in number 1, A committed the crime due to passion and obfuscation MAXIMUM TERM reclusin temporal in its minimum period MINIMUM TERM anywhere within the range of prisin mayor 4. When the crime is complex under Art. 48 and an aggravating circumstance is present A was convicted of frustrated homicide with direct assault. He purposely sought nighttime to facilitate the commission of the crime MAXIMUM TERM maximum range of the maximum period of prisin mayor MINIMUM TERM anywhere within the range of prisin correccional, the penalty next lower from prision mayor NOTE: The penalty for frustrated homicide is prisin mayor, while that for direct assault is prisin correccional in its medium and maximum periods. Since the crimes are complexed, the greater penalty shall be imposed in its maximum period. In this case, prisin mayor is the greater penalty and shall be imposed in its maximum period (10 yrs and 1 day to 12 years). Furthermore, due to the presence of the aggravating circumstance of nighttime, the maximum period of prisin mayor shall be imposed in its maximum range that is 11 yrs 4 mos and 1 day to 12 yrs ; which is determined by dividing the maximum period into 3, to wit: Maximum range 11 yrs 4 mos and 1 day to 12 yrs Medium range 10 yrs 8 mos and 1 day to 11 yrs and 4 mos Minimum range 10 yrs and 1 day to 10 yrs and 8 mos 5. When the crime is complex under Art. 48 and a mitigating circumstance is present A was convicted of frustrated homicide with direct assault. He voluntarily surrendered to the police authorities. MAXIMUM TERM minimum range of the maximum period of prisin mayor MINIMUM TERM anywhere within the range of prisin correccional, the penalty next lower from prision mayor NOTE: The penalty for frustrated homicide is prisin mayor, while that for direct assault is prisin correccional in its medium and maximum periods. Since these crimes are complexed, the greater penalty shall be imposed in its maximum period. In this case, prisin mayor is the greater penalty and shall be imposed in its maximum period (10 yrs and 1 day to 12 years). However, due to the presence of the mitigating circumstance of voluntary surrender, the maximum period of prisin mayor shall be imposed in its minimum range that is 10 yrs and 1 day to 10 yrs and 8 mos; which is determined by dividing the maximum period into 3, to wit: Maximum range 11 yrs 4 mos and 1 day to 12 yrs Medium range 10 yrs 8 mos and 1 day to 11 yrs and 4 mos Minimum range 10 yrs and 1 day to 10 yrs and 8 mos 6. When there is a privileged mitigating circumstance and 1 mitigating circumstance A was convicted of homicide but was deemed entitled to the privileged mitigating circumstance of incomplete self-defense and the ordinary mitigating circumstance of plea of guilty.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law

143

MEMORY AID IN CRIMINAL LAW


MAXIMUM TERM prision correccinal in its minimum period MINIMUM TERM anywhere within the range of arresto mayor, the penalty next lower from prision correccinal NOTE: The penalty for homicide is reclusin temporal. Due to the presence of a privileged mitigating circumstance, the penalty imposed is reduced to prisin correccional, that is by two degrees lower pursuant to Art 69. Prisin correccional is imposed in its minimum period because of the presence of the mitigating circumstance. The minimum term is reckoned one degree lower from prisin correccional, and that is arresto mayor.

CRIMINAL LAW COMMITTEE


CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.