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    Wk13-Violation of Special Penal Law

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    Rizza Enciso Javier

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    Wk13-Violation of Special Penal Law

    Uploaded by

    Rizza Enciso Javier
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    WK13-VIOLATION OF SPECIAL PENAL LAW

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    2 views3 pages

    Wk13-Violation of Special Penal Law

    Uploaded by

    Rizza Enciso Javier

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    VIOLATION OF SPECIAL PENAL LAW

    The court shall sentence the accused to an indeterminate sentence, the MAXIMUM TERM of which shall not exceed
    the maximum fixed by said law and the minimum shall not be less than the MINIMUM TERM prescribed by the
    same. illustrative Example:

    Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3 years to 5 years.
    SPL: Min (at least that prescribed) to Max (not exceed prescribed)
    1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by the special law

    2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimumn prescribed by the special
    law
    Disqualified persons:

    ISLAW is not applicable to persons who are:


    1. Convicted of offenses punished with death or life imprisonment.
    2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition
    or espionage, or piracy.
    3. Those who are habitual delinquents.
    Notes:

     Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla, 28547, Feb. 22, 1974)
     Recidivist is one, at the time of his trial for one crime, shall have been previously convicted by final judgment of
    another crime embraced in the same title of the RPO. (People vs. Lagarto, G.R. No. 65833, May 6, 1991)
     Habitual Delinquent is a person, who within a period of ten years from the date of his release or last conviction
    of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty ot
    any of said crimes a third time or oftener. (Art. 62, RPC)

    RECIDIVISM HABITUAL DELINQUENCY

    It is suficient that the accused


    committed on the date of his trial, shall
    As to the crimes have been previously convicted by The crimes are specified
    final judgment of another crime
    embraced in the same title of the RPC

    No period of time between the former The offender is found guilty of any the
    As to the period of time the crimes
    conviction and the last conviction is crimes specified within ten years from
    are committed
    fixed by law his last release or last Conviction

    The second conviction for an offense The accused must be found guilty the
    As to the number of crimes
    embraced in the same title of the RPC third time or oftener of any of the
    committed
    is sufficient crimes specified

    If not offset by a mitigating


    If there is habitual delinquency, an
    As to their effects Circumstance, serves to increase the
    additional penalty is also imposed
    penalty to the maximum

    4. Those who shall have escaped from confinement orevaded sentënce.


    Note:
    Aminor who escaped from confinement in the reformatory is entitled to tha benefits of the law because confinement is
    not considered imprisonment (People v. Perez, 44 OG 3884)
    5. Those who having been granted conditional pardon by the President shall have violated the terms thereof.
    6. Those whose maximum period of imprisonment does not exceed one year.
    Note: The application of which is based upon the penalty actually imposed in accordance with law. (People v.
    Hidalgo, 452, Jan. 22, 1962))
    7. Those already serving final judgment upon the approval of this Act (December 5, 1933).
    8. Those sentenced to the penalty of destierro or suspension.

    Why is ISLAW mandatory?

    In the application of the Indeterminate Sentence Law the judge will get the maximum penalty and likewise the
    minimum penalty. If the accused was already able to serve the minimum term of his indeterminate sentence and
    upon the approval of the Board, the accused now becomes eligible for parole. ISLAW is favorable to the accused.

    If the accused was granted parole and violated some conditions of the parole, what will happen?

    A warrant of arrest will be issued by the court and the accused will be made to serve the rest of the remaining or
    unexpired portion of his sentence.

    Which period will the maximum penalty be placed?

    In pursuant to art 64, when there is no mitigating and no aggravating circumstance, it should be placed at the medium
    period. Thus, the maximum penalty for the example above is reclusion temporal in the medium period.

    What is the minimum penalty now?

    In getting the minimum penalty, the rule is to simply get the penalty one (1) degree lower from the maximum penalty
    without taking into account the mitigating and aggravating circumstance. Thus, the penalty one degree lower from
    reclusion temporal, without taking into account any mitigating or aggravating circumstance, is prision mayor. Prision
    mayor is now the minimum penalty for our example.

    Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.

    Again, prision mayor is a divisible penalty. Which period can it be placed?


    Under the Indeterminate Sentence Law, it would depend upon the discretion of the court on which period to place it.
    Thus, the minimum penalty is prision mayor in any of its period.

    Factors that could affect the imposition of minimum penalty:


    1. Age
    2. Conduct during trial
    3. Mental or physical condition

    Suppose in the example above, 1 aggravating circumstance was proven. What is now the maximum penalty?
    It would still be reclusion temporal, but it shall be placed in the maximum period because of the presence of 1
    aggravating circumstance.

    How about the minimum penalty?


    It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which period? It shall be
    discretionary upon the court.

    More examples:
    1. mitigating but NO aggravating
    maximum penalty: reclusion temporal in the minimum period
    minimum penalty: prision mayor in any period

    2. mitigating, NO aggravating (privileged mitigating)


    maximum penalty: prision mayor in the medium period
    minimum penalty: prision correctional any period

    The preceding example is an exception to the rule. If there is a privileged mitigating circumstance, we take it into
    account first in order to obtain the proper maximum penalty. Then, from that maximum penalty, we obtain the proper
    minimum penalty by getting the penalty 1 degree lower. Same rule applies as to the period of the minimum penalty.

    Discretion of court to fix minimum

    In determining the minimum penalty, the law obligates the courts to fix the penai mum with the widest
    discretion that the courts have ever had. The determination of the minimum term is left entirely within the discretion of
    the court to fix it anywhere within the range of the penalty next lower without reference to the periods into which it
    may be subdivided. This obviously applies only for offenses under the Revised Penal Code.

    Notes: Whenever any prisoner who shall have served the minimum penalty imposed on him, the Board of
    Indeterminate Sentence may, in its discretion, and in accordance with the rules and regulations adopted thereunder,
    authorize the release of such prisoner on parole. If during the period of surveillance, such parolee shall show himself
    to be a law-abiding citizen and shall not violate any of the laws of the Philippines, the Board may issue a final
    certificate of release in his favor. Whenever any prisoner released on parole shall, during the period of surveillance,
    violate any of the conditions of his parole, the Board may issue an order for his re-arrest and shall serve the
    remaining unexpired portion of the maximum sentence.

    The application oft the Indeterminate Sentence Law is mandatory ifthe imprisonment would exceed one year. It would
    be favorable to the accused. (People v. Judge German Lee, Jr., 86859, Sept. 12, 1984)

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