185847 - MARAVILLAS,

indeterminate sentence

maximum - attendant mitigating/aggravating circumstance

minimum - penalty prescribed for the crime and go one degree lower

within the range of one degree lower, the court will fix the
minimum for the indeterminate sentence

If the crime is a violation of the Revised Penal Code,

the court will impose a sentence that has a minimum
and maximum.

and within the range of the penalty arrived at as the maximum

in the indeterminate sentence, the court will fix the maximum
of the sentence.

If the crime is a violation of a special law.

In fixing the maximum of the indeterminate

sentence, the court will impose the
penalty within the range of the penalty
prescribed by the special law, as long
as it will not exceed the limit of the penalty.

In fixing the minimum, the court can fix

a penalty anywhere within the range
of penalty prescribed by the special law.
as long as it will not be less than the
minimum limit of the penalty under said law.

No mitigating and aggravating circumstances

are taken into account.

a) "Under the Indeterminate Sentence Law, if the offense is punished by the Revised
Penal Code,
the court shall sentence the accused to an indeterminate penalty, the maximum term
of
which shall be that which, in view of the attending circumstances, could be
properly
imposed under the rules of the Revised Penal Code, and the minimum term of which
shall be within the range of the penalty next lower to that prescribed by the Code
for
the offense." "The penalty next lower should be based on the penalty prescribed
by the Code for the offense, without first considering any modifying circumstance
attendant to the commission of the crime. The determination of the minimum penalty
is left
by law to the sound discretion of the court and it can be anywhere within the range
of the
penalty next lower without any reference to the periods into which it might be
subdivided.

=====================================================
CRIMINAL 2017, X
Sammy Peke was convicted of a violation of R.A. No. 123456 for
selling fake books. The law prescribes the penalty of prision
correccional, a divisible penalty whose minimum period is six
months and one day to two years and four months; medium period
is two years, four months and one day to four years and two
months; and maximum period is four years, two months and one
day to six years.
At arraignment, Sammy Peke pleads guilty to the crime charged.
(a) Explain how the Indeterminate Sentence Law is applied in
crimes punished by special laws. (3%)
(b) Supposing the trial judge imposes a straight penalty of
imprisonment for one year, is the penalty correct in the context of
the Indeterminate Sentence Law? Explain your answer. (3%)

a)
Under the Indeterminate Sentence Law, as applied to
an offense punishable by a special law, the court shall sentence the
accused to an indeterminate sentence expressed at a range whose
maximum term shall not exceed the maximum fixed by the special law,
and the minimum term not be less than the minimum prescribed.

b) No. The imposition of a straight penalty is erroneous.

There should be a range specified, a minimum and a maximum
according to definition given above in a).

3615.27

12/14/2017

2,489.02

200
jan 8 2018
dec 7, 10,000