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Graduation and ISLAW PDF
Graduation and ISLAW PDF
GRADUATION OF PENALTIES1
A. 1 Indivisible
• Either Death (currently no Death penalty) or Reclusion Perpetua (“RP”)
• Court can impose the penalty as a whole because it has no periods being an
indivisible penalty (If the penalty is divisible, it is never imposed as a whole. The
divisible penalty should be divided into 3 periods)
• Existence of a Generic Aggravating (“GA”) and/or Ordinary Mitigating (“OM”)
circumstances is irrelevant
• BUT, privileged mitigating (“PM”) circumstance justifies lowering by 1
DEGREE
Ex.
B. 2 Indivisible
• RP to Death
• Existence of GA and/or OM is relevant to determine which of the 2 indivisible
penalties to impose
• PM justifies lowering by 1 DEGREE from the lesser indivisible penalty
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For Section 1-D (Class of 2020), Ateneo School of Law. A basic guide to graduating penalties and
applying the Indeterminate Sentence Law (“ISLAW”).
Good luck to everyone!--Judge Boom
C. 1 Divisible (Full extent) and 2 Indivisible
• In lowering by 1 degree, basis will be the divisible penalty. Thus, reduce by 1
degree from the divisible penalty imposed by law in its full extent
• Note: When law simply mentions a specific penalty by name (ex. RT) without
identifying the specific period (ex. RT in Min or Med or Max), it is understood
that the law is imposing RT in its full extent = RT in its Min, Med, Max (to be
imposed depending on the presence/absence of modifying circumstances)
Ex. RT to Death:
Death
é
RP
é
RT (divisible; full
extent)
1 PM, reduce by 1 degree
from divisible penalty
imposed (in full extent)
ê
Prision Mayor
(“PM”)
(next lower in degree)
Death
RP
RT MAX
(maximum of divisible)
1 degree lower is MED and MIN of the given divisible
penalty (RT) and the MAX of the immediately following
divisible penalty (PM)
ê
RT MED This is the period
1 degree lower than RT Max to Death =
RT MIN PM Max to RT Med
PM MAX
(1 degree lower)
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E. 1, 2 or more Divisible (Full extent)
• The penalty next lower degree is the penalty immediately following the divisible
penalty
PM
ê
Prision
Correccional
(“PC”)
[next lower in degree]
OR
RT
é
PM
(lesser divisible penalty)
ê
PC
[next lower in degree]
OR
RT
é
PM
é
PC
(lesser divisible penalty)
ê
Arresto Mayor
(“AM”)
[next lower in degree]
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F. Several divisible penalties in different periods
• If penalty is composed of several periods of different divisible penalties, next
lower in degree is the period following the minimum prescribed and the next two
periods to be taken from the penalty provided if possible
FIRST EXAMPLE: 1 period of divisible penalty prescribed for crime (ex. PC MED):2
PC MED
(Penalty prescribed by
law; 1 period of PC
considered as one degree)
ê
PC MIN
(next lower in degree)
OR
SECOND EXAMPLE: 2 periods prescribed for crime (ex. RT MIN to RT MED):
RT MED
é
RT MIN
(penalty prescribed; 2
periods of RT considered
as one degree)
ê
PM MAX 1 degree below RT Min to RT Med
is the two periods immediately following RT Min (the lower divisible penalty)
PM MED = PM Med to PM Max
(next lower in degree)
OR
RT MED
é
RT MIN
é
PM MAX
(penalty prescribed; 3
periods of 2 divisible
penalties considered as
one degree)
ê
PM MED 1 degree below PM Max to RT Med
is the three periods immediately following PM Max
PM MIN = PC Max, PM Min and PM Med
PC MAX
(next lower in degree)
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Turn to page 7 to see application of ISLAW to this example.
3
Turn to page 9 to see application of ISLAW to this example.
4
II. GRADUATION WITH ISLAW
STEPS:
1) Identify if penalty is divisible then divide into 3 periods (MIN, MED, MAX).
Let’s use Prision Mayor:
Maximum
Prision Mayor Medium
Minimum
Maximum
Prision Mayor Medium
Minimum
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Ex. No GA, no OM = MED
Maximum
Prision Mayor Medium (to be applied; 64[1], RPC)
Minimum
4) Determine imposable range of penalty then impose the minimum and maximum:
Maximum
Prision Mayor Medium (to be applied; 64[1], RPC)
Minimum
Apply ISLAW when the penalty exceeds one (1) year, as in this example. Thus, the
Court may impose either Prision Correccional MIN or MED or MAX as the minimum
penalty of the indeterminate sentence. Let’s, for example, impose Prision Correccional in
its MAX as the minimum of the indeterminate sentence as highlighted below:
Maximum
1 degree lower;
Prision Correccional Medium This is range of
(any of the 3 periods as the minimum of the
Minimum minimum
indeterminate sentence)
And Prision Mayor in its MED, in view of the absence of any GA or OM, as maximum:
Maximum
Prision Mayor Medium (to be applied; 64[1], RPC)
Minimum
Accordingly, the penalty to be imposed based on the example above will be “an
indeterminate sentence of prision correccional in its MAX as minimum TO Prision
Mayor in its MED as maximum.”
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Example of I(F)(First Example)
1) Identify if penalty is divisible then divide into 3 periods. Let’s use Prision
Correccional in its Medium period (“PC MED”):
7
4) Determine imposable range of penalty then impose the minimum and maximum:
Apply ISLAW when the penalty exceeds one (1) year, as in this example. Thus, the
Court may impose either “Prision Correccional in its Minimum period” (PC MIN) in its
MIN or MED or MAX as the minimum penalty of the indeterminate sentence. Let’s, for
example, impose “PC MIN” in its MAX as the minimum of the indeterminate sentence as
highlighted below:
And “Prision Correccional in its Medium period” (PC MED) in its MED, in view of the
absence of any GA or OM, as maximum:
Accordingly, the penalty to be imposed based on the example above will be “an
indeterminate sentence of Prision Correccional Minimum in its MAX as minimum
TO Prision Correccional Medium in its MED as maximum.”
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Example of I(F)(Third Example)
1) Identify if penalty is divisible then divide into 3 periods. Let’s use Prision
Mayor in its Maximum period to Reclusion Temporal in its Medium period (“PM
MAX to RT MED”):
9
4) Determine imposable range of penalty then impose the minimum and maximum:
Apply ISLAW when the penalty exceeds one (1) year, as in this example. Thus, the
Court may impose either “Prision Correccional in its Maximum to Prision Mayor in its
Medium” (PC MAX to PM MED) in its MIN or MED or MAX as the minimum penalty
of the indeterminate sentence. Let’s, for example, impose “PC MAX to PM MED” in its
MAX as the minimum of the indeterminate sentence as highlighted below:
And “Prision Mayor in its Maximum to Reclusion Temporal in its Medium” (“PM MAX
to RT MED”) in its MED, in view of the absence of any GA or OM, as maximum:
Accordingly, the penalty to be imposed based on the example above will be “an
indeterminate sentence of Prision Mayor4 of 8 years and 21 days (to 10 years) as
4
Prision Mayor because the maximum of PC MAX to PM MED (8 years and 21 days to 10 years) is
beyond Prision Correccional and is already in the range of Prision Mayor.
10
minimum TO Reclusion Temporal5 of 12 years, 5 months and 11 days (to 14 years,
10 months and 20 days) as maximum.”
B. FOR OFFENSES THAT DID NOT ADOPT THE NOMENCLATURE OF THE PENALTIES
UNDER THE RPC
• Graduation of penalties does not apply in Special Penal Laws (“SPL”). Thus, the
penalty under the SPL cannot be lowered by 1 degree
• In applying ISLAW, Courts must impose a minimum and maximum based on the
range of the penalty imposed under the SPL
• However, Court can impose a straight penalty of up to one (1) year if the same is
within the minimum provided under the SPL
6 years - Maximum
é
3 years - Minimum
• Note that the minimum penalty that the Court can impose should not be lower
than the minimum allowed/provided under the SPL (in this case 3 years), and the
maximum should not be more than the maximum allowed/provided under the SPL
(in this case 6 years)
• However, if for example the SPL imposes the following penalty:
“6 months to 3 years”
the Court is allowed to impose a straight6 penalty and need not apply the ISLAW
as long as the straight penalty imposed is within the minimum provided under the
SPL and will not exceed one (1) year
1) 6 months
2) 8 months
5
Reclusion Temporal because the medium of PM MAX to RT MED (12 years, 5 months and 11 days to 14
years, 10 months and 20 days) is beyond Prision Mayor and is already in the range of Reclusion Temporal.
6
By straight penalty, the Court is not required to apply ISLAW and/or provide a minimum and maximum.
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3) 11 months
4) 1 year
5) etc. (as long as the penalty will not exceed one year)
• Should the court impose a penalty exceeding one year, it is required to apply
ISLAW
FINAL NOTES:
ISLAW is applied only when the sentence imposes a prison term. If the sentence does
not impose imprisonment, then ISLAW does not apply. If the sentence for the crime
committed was destierro, ISLAW does not apply
If ISLAW applies, the courts are required to pronounce a sentence that reflects a
MINIMUM term and MAXIMUM term.
If ISLAW is not applicable, the sentence should only impose a straight penalty
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