Under article 46 the penalty prescribed by law for the commission of a phenol knee shall be

imposed upon the principles in the commission of a felony whenever the law prescribes a
penalty for a felony in general terms it is understood as applicable to consummated felony
next we will discuss about article 48 article 48 talks about penalty for complex crimes it
means when a single act constitutes two or more grave or less grave felonies or when an
offense is a necessary means for committing the other the penalty for the most serious crime
shall be imposed the same to be applied in its maximum . for us to understand article 48 let
us first understand plurality of crimes plurality of crimes consists in the successive execution
by the same individual of different criminal acts any of which no convection has yet been
declared there are two kinds of plurality of crimes to first is formal or ideal plurality while the
second is real or material plurality informal or ideal plurality there is only one criminal liability
and example of this are those enumerated in article 48 such as the compound crime and the
complex crime proper while and another example are those considered as special complex
crime or composite crime wherein the law provides a specific penalty for this kinds of crimes
another is that of continuous crimes where a single crime consists of a series of acts but all
arising from 13 - resolution or one criminal impose while in real or material plurality the law
punish for each and every offense as the law considers it as different crimes how do we
distinguish plurality of crimes from recidivism in recidivism where must be conviction by final
judgment of the first or prior offense while in plurality of crimes there is no conviction of any
of the crimes committed now we will discuss in details the four crimes under formal or ideal
plurality such as the compound crime complex crime proper special complex crime and
continuous crime wherein the law provides one criminal liability in this kind of plurality article
48 provides for the penalties for compound crime and complex crime proper a compound
crime is when a single act constitutes two or more grave less grave felonies while a complex
crime proper is when an offense is a necessary means for committing the other in both the
compound crime and the complex crime proper the penalty for the most serious crime shall
be imposed and the same shall be applied in its maximum period in compound crimes the
offender must perform only a single act or only one act and what that one single produces
either two or more grave felonies one or more grave and one or more less grave felonies or
two or more less grave felonies is a crime considered as a grave or less grave felony asra
visit article 9 of the revised penal code under article 9 of the revised penal code

Under article 9 of the revised penal code grave felonies are those which the law imposes
capital and afflictive punishments while less grave felonies are those which the law inflicts
correctional penalties does for the law to be considered or for the felony rather to be
considered as a grave or less grave felony the impossible penalty must be that of pression
correctional to death considering the flat for the penalty for compound crime under article 48
to be applicable the crime must be a grave or less grave felony does for light felonies we do
not apply article 48 for example in car collisions brought by reckless imprudence and the
result is slight physical injuries in slight physical injuries the penalty is only arresto menor or
imprisonment of one day to 30 days and or a fine not exceeding 40,000 pesos therefore
inclusion cases for resulting to slight physical injuries even if there are numerous people who
are injured because of the recklessness of the offender even if it be 9:55 people who are
injured considering that the injury is only light physical injuries the pen the penalty is arresto
menor article 48 does not apply does light felonies produced by the same as 3310 and
punish as separate offense or may be absorbed by the river of fetch examples of compound
crime are when an accused places a bomb in a plane and it explode me there killing at least
13 persons when there could be multiple murders and physical injuries as a result that
penalty shall be imposed in its maximum . just 13 meenal liability to be imposed in its
maximum . another example is a single act of pressing the trigger of a machine gun causing
several deaths here again only one criminal liability 1 penalty to be imposed on its
maximum . next is the complex crime proper or when an offense is a necessary means for
committing the other here there are at least two offenses committed and that one or some of
the offenses must be necessary to committee other when we talked about necessary means
it does not mean indispensable means because if we talked about indispensable means
then it becomes an element of the offense but if you only refers to necessary means in
committing the other and that both or all of the offenses must be punished under the same
statute does there is no complex crime if you want a spanish by a spin special penal law
such as in core using an unlicensed firearm for murder under the illegal possession of
firearm if an unlicensed firearm is being used for murder the penalty shall be imposed at its
maximum but there is only one penalty to be imposed at its maximum . an example of
complex crime proper is the falsification of a public document in order to commit mother
station

Commit mag-birthday shin another example is abduction which is a necessary means for
committing rate how about subsequent acts of intercourse after forcible abduction with trip to
supreme court said that this should be considered as separate acts of rate in people versus
a number l dash 2:32 two dated february 6 1971 is an old case the supreme court said that
even while the first act of rape was being performed the crime of forcible abduction was
already consummated after the first act of rape the us for the three succeeding rates that
were committed they cannot be complex with forcible abduction does the three succeeding
rates can be considered as three separate acts of rape imposing three different penalties in
addition to the crime of forcible abduction with rape next is the special complex crime or
composite france article 48 does not apply to special complex crime because the law
provides for a cific single penalties for this kind of crimes and exam examples of special
complex crimes or composite crimes are robbery with homicide under article 294 of the
revised penal code robbery with rape kidnapping with serious physical injuries kidnapping
with murder or homicide rape with homicide do not apply article 48 for these kinds of crimes
because they are considered as special complex crimes are composit crimes wherein the
law itself provides for one single penalty for each of these special complex crimes next is the
continued or continuous or continuing crimes is a single crime consisting of a series of acts
but or arising from one criminal resolution or one criminal impulse since continued crime are
not complex crimes under article 48 here the penalty will not be imposed in its maximum . so
do not apply article 48 in continued crimes because here it is not continued crime is not a
complex crime but impose one penalty only an example of this is when a band of robbers
enter a subdivision and they rob several houses in this case there is only one criminal
impulse it just so happened that there are several houses being robbed by this rubbers
justine post1 penalty for these effects even if there are numerous complaints to distinguish
continued from the transitory crimes under your criminal procedure in continued continuous
or continuing crimes this refers to the penalty wherein only one penalty is imposed for a
series of acts because of one criminal impulse by the offender however when we talked
about transit decribe this refers to moving crimes for instance in kidnapping of a person if the
person is being moved from carcar to cebu city that is considered as a moving crime and the
courts where any of the elements of the offense was committed has jurisdiction continue to
distinguish or material or material to reach
Distinguish from deal or material prone ret in real or material plurality again each act
performed by the offender constitutes as a separate crime because each a is generated by a
criminal impulse the us each is separately punish by different penalties while in continued
crime even if there are different acts it is only considered as one crime because all of the
acts performed arise from one criminal resolution or one criminal impulse

Good evening everyone this is in continuation of our discussion on the application of

penalties as discussed under article 46 penalties imposed on the revised penal code or for
consummated felony is made by the principles Made by the principles please take note that
the basis for the determination of the extent of penalty to be imposed under the revised
penal code are as follows first the stage of execution reach by the crime in its development
either attempted frustrated or consumed ated felonies under article 6 of the revised penal
code it is to be remember that consummated felony tsar when all the elements necessary for
its execution and accomplishment are present it is considered as frustrated when the
offender performs all the acts of execution which would have produce the felony as a
consequence but it not produces by reason of causes and dependent of the will of the
perpetrator and it is attempted when the offender commences at the commission of a felony
directly by over tax and does not perform all the acts of execution which should have
produce the felony as a result because of some cause or accident other than the
spontaneous desistance of the offender next is the degree or level of participation as either a
principal by direct participation principal by inducement principal by indispensable
cooperation as an accomplished or as an accessory and lastly the presence of aggravating
or mitigate in circumstances in the commission of the crime article 49 provides for the rules
as to the penalty to be imposed when the crime committed is different from that intended first
if the penalty for the felony committed be higher than the penalty for the offense which the
accused intended to commit the lower penalty shall be imposed in its maximum . if the
penalty for the felony committed be lower than the penalty for the offense which the accused
intended to commit the lower penalty shall be imposed in its maximum . if the committed also
constitutes an attempt or frustration of another crime and the law prescribes a higher penalty
for either of the latter the penalty for the attempted or frustrated crime shall be imposed in its
maximum . please take note that when the crime committed is different from that intended
always impose the lower penalty at its maximum . so whether the offense committed
between the offense committed and the offense intended and the offense intended and the
offense actually committed always imposed the lower penalty in its maximum . if there is an
attempt or frustration which tantamount to another crime make use of the penalty for the
attempted or frustrated crime imposed in its maximum . we have been discussing or
mentioning degrees in . what is the difference between a degree and a period is the entire
penalty it is the one who penalty or one unit of penalties in graduated skills enumerated in
article 71 of the revised penal code this refers to the entire reclusion perpetua reclusion
temporal prision mayor etcetera so these are your degrees what about a . a . refers to the
minimum medium and maximum of a divisible penalty therefore when we talked about one
degree lower of reclusion perpetua then that's reclusion temporal however since reclusion
temporal is a divisible penalty even have a minimum a medium and a maximum .

How about if the crime is not consumed mated or when the crime is committed by an
accomplished or an accessory not by the principle article 5257 of the revised penal code
provides for the rules and application of the penalties as shown if again if it is principle and
its consumed ated then apply the penalty as stated in the offense how about if the person
who committed a crime is a principle and its frustrated 1° lower how about if principal and
attempted to decrease lower how about if it's committed by the accomplice and its
consumed ated in 1° lower if accomplished and it's only frustrated to degrees lower and if it's
accomplice and is attempted 3° lower if accessory consumed mated to degrees lower if
accessory frustrated 3° lower and if accessory attempted 4° lower thus if the penalty is
reclusion perpetua the next degree is reclusion temporal if the penalty is present mayor that
to degrees lower is arresto mayor however under article 60 articles 5257 does not apply
when the law expressly provides for the penalty for frustrated or attempted felony article
5257 also does not apply if the law expressly provides the penalty for accomplices or
accessories an example of this is attempted or frustrated robbery the offender commits a
homicide so in the occasion of attempted of frustrated robbery the offender commits a
homicide the low itself provides under article 297 a special penalty of reclusion temporal in
its maximum . to reclusion perpetua which shall be imposed to the offender if it's not for
article 60 if you follow articles the impossible penalty will only be reclusion temporal imagine
if there is no article 68 the offender committed attempted or frustrated robbery with homicide
and we will follow articles 5257 of the revised penal code the penalty will only be reclusion
temporal which is 12 years and 1 day to 20 years imprisonment however because of articles
60 where articles 5257 does not apply when the law itself provides for a penalty therefore for
attempted or frustrated robbery with homicide the impossible penalty now is reclusion
perpetua which is 20 years and 1 day to 40 years also articles 5257 does not also apply
when the law itself provides for a special penalty for accomplices and accessories as a
general rule and accomplish spanish by a penalty 1° lower than the penalty imposed upon
the principle however an example where an accomplished will have the same penalty as that
of the principle refers to a sentence guardians Attendance guardians curators teachers and
any person who by abuse of authority or confidential relationship shall cooperate as
accomplices in the crime of rape acts of lasciviousness seduction corruption of minors white
slave trade or abduction as stated in article 346 of the revised penal code also in article 268
and accomplish will have the same penalty for principal if that accomplished provides or
furnished the place for the preparation of the crime of slight illegal detention how about
impossible crime article 59 of the revised penal code provides for the penalty of impossible
crime it is arresto mayor or a fine ranging from 200 to 500 pesos does impossible crime have
a specific penalty under the revised penal code the imposition of penalty for impossible
crimes is to mitigate the possibility of social danger and also the degree of criminality of the
offender

Good evening everyone after we discuss articles 5257 of the revised penal code which
provides for the lowering of penalties by degree if the offender is not a principle and the
crime is not consumed mated and article 61 which provides for the rules to be followed in the
lowering or graduation of penalties we will now discuss the circumstances affecting criminal
liabilities and its effect on the penalties such as the presence of meta gating and aggravating
circumstances and habitual delinquency the effects of the attendance of meta gating or
aggravating circumstances and habitual delinquency is discussed in article 62 of the revised
penal code as discussed previously as a general rule aggravating circumstances have the
effect of increasing the penalty without exceeding the maximum penalty provided by law
while mitigate in circumstances have the effect of diminishing the penalty while have it will
delinquency has the effect of not only increasing the penalty but also of imposing an
additional penalty here are the rules regarding aggravating and mitigating circumstances
under paragraph 1 of the revised penal code first aggravating circumstances which in
themselves constitute a crime is specially punished by law or which are occluded by the law
in defining a crime and prescribing the penalty or not to be taking a account into increasing
the penalty an example in which an act is a crime in itself is at by means of fire in our son is
not considered as an aggravating circumstance another in which are included by no in
defining a crime is committed in the dwelling of the offended party is not aggravating and
robbery with force upon things because that is already included in the penalty as provided by
the law also under paragraph 1 when the maximum of the penalty shall be imposed upon the
following cases first when in the commission of the crime advantage was taken by the
offender of his public position and if the offense was committed by any person who belongs
to an organized or syndicated crime group an organized or syndicated crime group is
defined as a group of two or more persons collaborating consider a ting or mutually helping
one another for purposes of gain in the commission of any crime an organized or syndicated
crime refers to the group such must be distinguished with conspiracy because when we
talked about conspiracy it refers to an act where an act of 1s the act of all while an organized
or sent a cated crime group refers to the group and being part of that send a cated or
organized group is aggravating circumstance in its self under paragraph to aggravating
circumstances which are inherent in the crime will not be appreciated also in increasing the
penalty such that in paragraph one an example is evident premeditation is inherent and
robbery and theft considering that evident premeditation is an element or inherent and
robbery and theft therefore such will not increase the penalty being inherent to the crime
next under paragraph 3 aggravating or mitigating circumstances which arise from the moral
attributes of the offender or from his War from his private relations with the offended party or
from any other personal cause served to aggravate or mitigate the liability of the principal's
accomplices and accessories as to whom such circumstances are attendant meaning
aggravating or mitigating circumstances which arise from the moral attributes of the offender
or from his private relations with the offended party or from any other personal cause will
only be appreciated to the person on which such circumstances are present an example
from the moral attributes of the offender example is a and b killed c&b guilty with passion
and appreciation when a acted with evident premeditation the evident premeditation will only
be appreciated to increased the penalty of a while the passion and opposition as a mitigating
circumstance will only be appreciated to ward b how about for private relations with offended
party an example of that is a and c committed the crime of mordor against b b is the father of
eight therefore parricide can only be appreciated tuwad a Who is the son of b but not to ward
c next from any other personal cost example a and b committed the crime of murder i was
under 18 years old therefore a minor while b is a recidivist therefore only a can enjoy the
privileged mitigating circumstance of minority while be will only have the qualifying
circumstance of recidivism under paragraph for the circumstances which consists in the
material execution of the act or in the means employed to accomplish it so shall serve to
aggravate or mitigate the liability of those persons only who had knowledge of them at the
time of the execution of the act or their cooperation there in example a is the principal by
induction while b&c agreed to kill b b and c guilty with treachery which is an aggravating
circumstance and a mode in committing an offense and which has not been previously
agreed by a is also not present when b&c killed be with treachery therefore only be nc will be
liable for the aggravating circumstance of treachery considering that is not present when b&c
discuss how the treasury should be committed and a is also not present when b&c
committed the killing of d in treasury does only b and c will be liable for treachery next
paragraph 5 provides an increase penalty for habitual delinquency the requisites of a b-12
delinquency are the offender had been convicted of any of the crimes of serious or less
serious physical injury robbery theft stafa or falsification that after that conviction or after
serving his sentence he again committed and within 10 years from his release or first
conviction he was again convicted of any of the said crimes for the second time that after his
conviction of four after serving sentence for the second offense me again committed and
within 10 years from his last released or last conviction he was again convicted of any of the
set of s2 third time or more often that that again what are those of fences serious or less
serious physical injuries robbery theft estafa or falsification the computation of the 10-year
period is the last conviction or last released as a starting point from which the 10-year period
should be computed the additional penalty for habitual delinquency are a pond after
conviction the culprit hobby sentence to the penalty provided by law for the last crime for
which he is found guilty and additional penalty of prision correctional in its medium and
maximum . a fourth conviction the offender shall also be sentence to the additional penalty of
prision mayor in its minimum and medium periods and a pawn a fifth or additional conviction
the offender shall also be sentence to the additional penalty of prision mayor in its minimum
period to reclusion temporal in its minimum period provided that the total of two penalty shall
not exceed 30 years what do we mean about this to penalty the penalty for the last crime of
which he is found guilty and the additional penalty for being a habitual delinquent

The purpose of the law in imposing additional penalty on a people delinquents is to render
more effective the penalty and as a form of social defense and then for the reformation of
the habitual delinquent stated in people versus a boy in however for a person to be
convicted or to have the increase penalty for habitual delinquency the information must
allege the dates of the commission of the previous crimes the date of the last conviction or
release and the dates of the other previous conviction or releases absent such statement in
the information they're the additional penalty for habitual delinquency will not be place how
do we distinguish a beetle delinquency from recidivism as to the crimes committed in
recidivism it is sufficient that the cues on the date of his trials have have been previously
convicted by final judgment of another crime embraced in the same title of the revised penal
code while in happy to all delinquency the crimes are specified as serious or less serious
physical injuries robbery theft estafa or falsification as to the period of time the crimes are
committed in receive it recidivism there is no period of time between the former conviction
and the last confession necessary while in habitual delinquency the offender must be found
guilty of any of the crime specified within 10 years from his last released or last conviction as
to the number of crimes committed and recidivism the second condition for an offense and
brace in the same title of the code is sufficient while in habitual delinquency the accused
must be found guilty the third time or more often than that of any crimes as specified as to
their effects in recidivism recidivism is not offset by mitigate in circumstances but it serves to
increase the penalty only to the maximum while in in ritual delinquency an additional penalty
is imposed versus the question can a convict be a habitual delinquent without being arrested
abyss yes when no two of the crimes committed are embraced in the same title of the code
and example of this is that a committed and was convicted of falsification of public
documents in and a year after he again was convicted of staffa and after he was convicted of
estafa just months after he is again convicted with physical injuries considering that these
are of different titles of the revised penal code there is two recidivism but there is habitual
delinquency

Now we will discuss about the indeterminate sentence law or is law and the computation of
penalties as you put into the rules for the application of penalties that we have discussed
previously under section 1 of the indeterminate sentence law the court shall sentence the
accused to an indeterminate sentence the maximum term of which shall be that which in
view of the attending circumstances could be properly imposed under the rules of the said
code or under the revised penal code and the minimum of the chubby within the range of the
penalty next lower to that prescribed by the revised penal code for the offense and if the
offense is punished by any other law the culture sentence the accused to an idiot terminate
sentence the maxima term of which shall not exceed the maximum fixed by law and the
minimum shall not be less than the minimum term prescribed by the said special penal law
therefore under section 1 the determinate sentence law shall apply to boost that punish
under the revised penal code and those offenses punished under special penal laws under is
law courts are required to impose an indeterminate sentence with a range of penalty where
there is a maximum and minimum term for both offenses punishable by the revised penal
code and the special penal law it is called indeterminate because after the convict serves the
mean i'm term he or she may become eligible for parole under the provisions of the
indeterminate sentence law which leave the period between the minimum and maximum
term indeterminate for the court to provide for the same just the court is required instead of
fixing a single penalty it must determine to penalties a minimum term and a maximum term
the purpose is to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness this is stated in people vs
ducusin 59 phil 109 question what is then the basis in imposing the maximum term first if it is
under the revised penal code the penalty which is imposed under the revised penal code in
view of the attending circumstance is its maximum term how do we properly imposed the
penalties under the revised penal code we have discussed that in article 46 the penalties in
the revised penal code applies to principles and for consume ated felonies under article 48
we have discussed the penalties for complex crimes under article 5257 we have discussed
the penalty if the offender is not the principal and if the felony or the crime is not consumed
ated does we apply the lowering of or graduating the penalties into 1° 2° and so forth article
61 provides for the rules for graduation of penalties article 62 provides for the rules in the
application of meta gating and aggravating circumstances article 63 provides for the rules in
the application of indivisible penalty is only states that in all cases in which the law
prescribes a single indivisible penalty it should be applied by the courts regardless of any
mitigate or aggravatingCircumstances that may have attended the commission of the did
here when we talked about single indivisible penalty the penalty is that are indivisible are
reclusion perpetua and death reclusion perpetua is an indivisible penalty therefore when you
apply reclusion perpetua we only say that the penalty is 20 years and 1 day to 40 years of
reclusion perpetua considering that death penalty is suspended when the penalty provided
by law is reclusion perpetua to death we just in post reclusion perpetua which is an
imprisonment of 20 years and 1 day to 40 years again reclusion perpetua is an indivisible
penalty does it has no minimum medium and maximum . on the other hand article 64
provides for the rules for the application of penalty which contain three periods it states that
in cases in which the penalty prescribed by law contains three periods whether it be a single
divisible penalty or composed of three Whether it be a single divisible penalty or composed
of three different penalties the rule in the application of penalties whether there are meta
gating or aggravating circumstances present or when there are no meta gating or
aggravating circumstances present as follows if there is no aggravating and no mitigate in
circumstance present you apply the medium period of the penalty if there is only one
mitigated circumstance then you apply the minimum . if only one aggravating circumstance
then apply the maximum . when there are aggravating and mitigating circumstance
duckworth shall offset the aggravating with that of the mitigating circumstance how about if
there are two or more meta gating and no aggravating circumstance the penalty next lower
in the period is applicable please take note that no penalty must be imposed greater than
that maximum period of the penalty prescribed by law no matter how many aggravating
circumstance are present however the court can determine the extent of the penalty within
the limits of each . according to the number and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the evil produced by the crime example a
crime spanish with arresto mayor was committed with the concurrence of three
circumstances there are two aggravating and one meaty gating under rule for the penalty for
arresto mayor in its maximum period is 4 months and 1 day 2 6 months shall be imposed
because the one aggregating will be offset by one mitigating does the remaining aggravating
will increase the penalty the court has discretion to impose the penalty within the limits fixed
by law does where a penalty imposed is within the limits fixed by law there is no such thing
as excessive penalty as the court imposing the penalty has filled discretion on what penalty
to be imposed wherever article 64 does not apply for in divisible penalties because
indivisible penalty are provided under article 63 of the revised penal code penal penalties
prescribe by special laws because special laws are special penal laws has its own have its
own specific penalties and fines as the imposition of pines are provided in article st6 of
revised penal does article 64 applies when the penalty prescribed by law is for offenses that
are divisible into three periods such as minimum medium and maximum this are reclusion
temporal prision mayor pression correctional arresto mayor arresto menor or pression
correctional to reclusion temporal article 64 also applies if the penalty is made up of three
different penalties such as pression correctional to reclusion temporal does each period
forms a divisible penalty for instance the minimum if its pressure correctional to reclusion
temporal the minimum is prision correctional the medium is that of present mayor and the
maximum is reclusion temporal article 64 provide for penalties or the application and the
rules Application and the rules in computation of penalties if it is divided into three periods or
are divisible penalties what if the penalty is not composed of three periods under article 65 it
provides the rules in cases in which the penalty is not composed of three periods it states
that in cases in which the penalty prescribed by law is not composed of three periods the
courts shall divide the penalty into three equal persons the time included in the penalty
prescribed and forming one period of each of the three portions does this is how we will
compute the penalty example if the penalty is prision mayor the duration of penalty of prision
mayor is 6 years and 1 day to 12 years so how do we compute the minimum the medium
and the maximum for prison mayor first use abstract the 12 years to the minimum
disregarding the one day so 12 years - 6 years equals six years considering that it will be
three periods we will have divided the six years into three so very so will be two years for us
to get the minimum . first we go back to the minimum penalty of prision mayor which is 6
years and 1 day so we will add the two years from the six years and one day and that it will
be eight years and that eight years will now be the maximum of the minimum period for the
minimum . the penalty will be six years and 1 day to eat cares when for us to compute for the
medium . the last or the maximum penalty for the minimum period is 8 years and we will now
add it will one day to distinguish it from the maximum of the minimum . 8 years and 1 day + 2
is 8 years and 1 day to 10 years that will now be our medium . and the maximum . now we'll
be 10 years and 1 day to 12 years since we mention in article 64 that finds is not applicable
in article 64 because finds apply or the imposition of fines is provided in article 66 of the
revised penal code in the imposition of fines articles 66 just basically provides that the court
can fix any amount of the fine within the limits established by law and in the imposition of
fines the court must consider the mitigating and aggravating circumstance and more
particularly the wealth or means of the offender in the computation of the indeterminate
sentence law for the maximum penalty we also take into consideration article 69 which refers
to the incomplete justifying and incomplete exempting when the requisites for justifying or
exempting circumstances in the revised penal code is lacking their the penalty lower by one
degree for the incomplete self-defense or in or incomplete exempting circumstance must be
computed considering that in indeterminate sentence law the maximum term of the penalty
must take into consideration the application of penalty that we just discussed in the revised
penal codeIn the revised penal code specifically articles 48 52 57 61 62 63 64 and 69 of the
revised penal code then how then do we compute the minimum term the minimum term must
be within the range of the penalty next lower to that prescribed by the revised penal code for
the offense the penalty next lower must be based on the penalty prescribed by the revised
penal code for the offense without first considering in the meantime the modifying
circumstances such as the mitigate or aggravating circumstance to mitigate or aggravating
circumstance is required to be considered only in the imposition of the maximum term of the
indeterminate sentence does the court cannot put the minimum penalty in the same period
and the same degree as the maximum penalty because the minimum penalty shall be and
must be within the range of the penalty next lower to that prescribed by the revised penal
code for the offence under the indeterminate sentence law example a is convicted of
falsification of official document the penalty is mayor who pleaded guilty does there is one
mitigate in circumstance for plea of guilt to determine the minimum penalty soap determine
first what is the minimum penalty under the inter terminate sentence law to determine the
minimum penalty disregard first the mitigating circumstance of plea of guilt and continue with
pressure as the full extent of the penalty then the next lower degree of that pressure is
pression correctional does the minimum penalty will now be pression correctional in any of
these periods or anywhere within the range of pression correctional as quartz has the widest
why does discretion to determine the penalty in the minimum as long as it is within the range
of the one . lower to that imposed on under the revised penal code after lowering the penalty
to its minimum we will not compute the maximum if there is no meta gating or aggravating
circumstance we remember that we will impose the medium penalty so in if where is momo
mitigating circumstance or aggravating the penalty will be present mayor in its medium .
considering in this case there is a mitigating circumstance of plea of guilt the penalty will now
be one . lower or pression mayor in its minimum period as the maximum penalty while the
minimum penalty is any of the range of pression correctional which could be from within 6
months and 1 day 26 years does the indeterminate sentence law is not applicable in the
following cases first persons convicted of offenses punished with death penalty or life
imprisonment s those convicted of treason conspiracy or proposal to commit treason those
and third dose victim of mission of treason rebellion sedition or espionage force for those
convicted of privacy policy if those who are habitual delinquent 6 those who shall have
escaped from confinement or evaded sentence 7 those who violated the terms of their
conditional pardon is granted by the president to those whose maximum term of
imprisonment does not exceed one year 9 those who up on the approval

Approval of the indeterminate sentence law has been sentence by final judgment and tense
those sentence to the penalty of destierro or suspension again please memorize and please
take note that those whose maximum term of imprisonment does not exceed one year or 1
year and below and determinate sentence law is not accept is not applicable does if the
penalty is below 1 year or 1 year and below there is no such thing as arranged in penalty but
we compute it as a straight penalty example if the penalty is arresto menor we do not say
one day and third one day minimum to 30 days maximum no because that is below 1 year
so we into sit straight penalty saw a penalty straight penalty of five days of arresto menor
penalty of 30 days of arresto menor if the penalty is six months of pression correctional then
again we say straight penalty of six months of pression correctional only only in instances
where the penalty is above 1 year shall we have a range of penalty of minimum and
maximum . if it is 1 year and below please apply straight penalty no minimum to maximum
for fixing the minimum and maximum penalties in the indeterminate sentence is that
whenever any prisoner shall have served the minimum penalty imposed on him and it shall
appear to the board of indeterminate sentence that such prisoner is fitted for released send
board may authorize the release of such prisoner on parole upon such terms and condition
as may be prescribed by the board whenever such prisoner is released on parole shall
during the period of surveillance violate any of the conditions set by the parole board may
issue an order for his arrest in such case the prisoner so arrested shows serve the remaining
unexpired portion of the maximum sentence even if a prisoner has already served the
minimum but he is not fitted for releasing parole he shall continue to serve imprisonment and
until the end of the maximum term as again the purpose of the indeterminate sentence law is
to uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness of the offender we have discussed
the application of indeterminate sentence law in the crimes provided under the revised penal
code how about the crimes provided under the special penal law if the crime is provided
under the special penal law the maximum term shall not exceed the maximum fix by such
low while the minimum term shall not be less than the minimum term prescribed by such low
an example is if mystery is convicted for illegal possession of firearm the penalty is 1 year
and 1 day 25 years does the minimum and maximum term must be within 1 year and 1 day
25 years and the judge has the discretion as to the range of penalties that he will or she will
impose example a judge can imposed a 1 year and one day as minimum and two years as
the maximum or the judge can impose two years and one they to as the minimum 23 years
as the maximum as again it the imposition of penalty within the range under the
indeterminate sentence law is subject to the discretion of the judge so that ends our
discussion