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Quiz No. 5 on Graduation of Penalties and

the Indeterminate Sentence Law
Criminal Law 1
15 November 2021 to 22 November 2021

Essay: Answer briefly but exhaustively. Provide the imposable penalty and
provide a brief explanation including the legal basis of your answers
(citing the specific applicable articles and rules), applying the rules on
the application and graduation of penalties in Articles 46, 50-57, 60, 61-
65, 66, 71 and 75 of the Revised Penal Code and Act No. 4103 or the
Indeterminate Sentence Law. Since this includes the Indeterminate
Sentence, you must determine whether it is covered by the said law and,
if yes, you should provide an indeterminate sentence consisting of a
minimum and maximum term and, if not, then you provide the
imposable penalty; of course, you should explain why the Indeterminate
Sentence Law will apply or not. This quiz also tests your knowledge of
Republic Act No. 9346 and the effects of the stages of execution, persons
criminally liable, and mitigating and aggravating circumstances,
including privileged mitigating circumstances and special aggravating
circumstances, in the criminal liability of the offender. This is an open
book quiz and you may consult your Revised Penal Code, special penal
laws, cases and other resource materials while taking the quiz. Prior to
taking the quiz, you may discuss these questions with your
classmates but only with them and not with other law students and
lawyers, and you may come up with potential answers based on your
discussions with your classmates. However, you must take the quiz
individually only once at any time from 15 November 2021, 8:00
a.m., to 22 November 2021, 11:59 p.m., via our Canvas Course; you
must post your answers to the quiz in our Canvas Course. You have
one (1) hour and thirty (30) minutes to complete the quiz. Fifty (50)
points at five (5) points each question.

1. Who among the following convicts are not entitled to the benefits of the
Indeterminate Sentence Law? Explain your answer; specifically
discussing why each choice is correct or not.
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(a) Those who are recidivists.

(b) Those whose maximum term of imprisonment exceeds one (1) year.

(c) Those convicted of inciting to sedition.

(d) Those convicted of misprision of treason. (5%)

2. An agonizing and protracted trial having come to a close, the judge found
A guilty beyond reasonable doubt of homicide and imposed on him a
straight penalty of SIX (6) YEARS and ONE (1) DAY of prision mayor.

The public prosecutor objected to the sentence on the ground that the
proper penalty should have been TWELVE (12) YEARS and ONE (1) DAY
of reclusion temporal.

The defense counsel chimed in, contending that application of the

Indeterminate Sentence Law should lead to the imposition of a straight
penalty of SIX (6) MONTHS and ONE (1) DAY of prision correccional only.
Who of the three is on the right track? Explain. (5%)

3. A was prosecuted and convicted of rape, committed with the use of a

deadly weapon. This is punishable by reclusion perpetua to death. One
aggravating circumstance was appreciated against A. If you were the
judge, what sentence will you impose? (5%)

4. A was prosecuted for, and was found guilty after a regular trial of,
homicide under Article 249 of the Revised Penal Code which prescribes
the penalty of reclusion temporal. There is no mitigating or aggravating
circumstance. If you were the judge, what sentence will you impose? Will
you impose an indeterminate sentence? (5%)

5. A was prosecuted for homicide under Article 249 of the Revised Penal
Code which prescribes the penalty of reclusion temporal. Before the
presentation of the evidence for the prosecution, A pleaded guilty, which
was appreciated as a mitigating circumstance. There is no aggravating
circumstance. If you were the judge, what sentence will you impose? (5%)

6. A committed homicide under Article 249 of the Revised Penal Code which
prescribes the penalty of reclusion temporal. He committed homicide at
nighttime purposely sought by A to better accomplish his purpose (Art.
14, par. 6), he surrendered voluntarily to the agent of authority and
during the arraignment pleaded guilty to the charge (Art. 13, par. 7). As
such, there are two mitigating circumstances and one aggravating
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circumstance of nighttime. If you were the judge, what sentence will you
impose? (5%)

7. A was convicted of a complex crime of frustrated homicide with assault

upon an agent of a person in authority under Article 249, in relation to
Article 6, Article 148, and Article 48 of the Revised Penal Code. The
penalty for homicide is reclusion temporal. Being frustrated, the penalty
should be one degree lower (Art. 50) or prision mayor. The penalty for
assault is prision correccional in its medium and maximum periods. If
you were the judge, what sentence will you impose? (5%)

8. A, a minor under 18 years, killed B who was the unlawful aggressor. A

did not give sufficient provocation to B. But the means employed by A to
defend himself was not reasonable. After killing B, A surrendered to the
authorities. It was determined during the trial that A acted with
discernment. The penalty for homicide is reclusion temporal. If you were
the judge, what sentence will you impose? (5%)

9. Jose was convicted of robbery on 21 April 2020, which is punishable by

prision mayor in its maximum period to reclusion temporal in its medium
period. He was previously convicted of theft on 19 April 2010 and he was
released on 20 April 2014. He committed robbery in 2015 and was
convicted of said crime on 20 April 2016. He was released on 1 April
2019. In less than a week, he committed robbery again and was
convicted for the third time on 21 April 2020. For this last crime, he
committed it with the aggravating circumstances of recidivism and
nighttime, which were properly alleged in the Information and proved
during the trial. What penalty or penalties are imposable on Jose? (5%)

10. Randy was prosecuted for forcible abduction attended by the aggravating
circumstance of recidivism. After trial, the court held that the prosecutor
was able to prove the charge. Nonetheless, it appreciated in favor of
Randy, on the basis of the defense's evidence, the mitigating
circumstances of voluntary surrender, uncontrollable fear, and
provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty
for forcible abduction is reclusion temporal.

Applying the Indeterminate Sentence Law, what penalty should be

imposed on Randy? (5%)