People vs.

Nang Kay

FACTS:
Nang Kay was charged with illegal possession of firearms. He was sentenced to imprisonment
for five (5) years and one (1) day, with the accessories of the law, and to pay costs. The Solicitor
General questions the correctness of the penalty imposed, expressing the opinion and making the
recommendation that the law on indeterminate sentence should have been applied.

ISSUE: Whether or not the indeterminate sentence law should be applied in the instant case.

HELD: If we are now to apply the law on indeterminate sentence in the instant case, the prison
term would to be more than five (5) years for the reason that the minimum could not be less than
five (5) years and the maximum necessarily would have to be more than five (5) years but not
more than ten (10) years. That would certainly be not in accordance with the purpose of the law
on indeterminate sentence. In cases where the application of the law on indeterminate sentence
would be unfavorable to the accused, resulting in the lengthening of his prison sentence, said law
on indeterminate sentence should not be applied.