1. 2.

3.

4.

Determine crime committed and the penalty imposable. Fix the proper degree by determining of the provisions of Art. 64 par.5 (2+ MC, no AC), Art. 68 (Minority) & 69 (Inc. self defense) are applicable then LOWER the penalty by degree/s Fix the MINIMUM penalty by lowering the penalty by ONE DEGREE from the penalty imposable to the offense committed or from the proper degree if Art. 64 (5), Art 68 & 69 is applicable without any reference to any period. The judge has the discretion to fix the minimum in any period of the MINIMUM penalty. Fix the MAXIMUM penalty by going to the penalty imposable or proper degree where you immediately came from and look for remaining MC or AC if any, and apply them. Fix the proper period by applying Art. 64. This is the MAXIMUM of the indeterminate sentence

 Case
1. Crime: Penalty:

# 1: Rolex killed Chelnag.

HOMICIDE RECLUSION TEMPORAL

2. Not applicable! 3. MINIMUM INDETERMINATE SENTENCE One degree lower = PRISION MAYOR 4. MAXIMUM INDETERMINATE SENTENCE No MC, No AC = RECLUSION TEMPORAL, MEDIUM TERM IS: PRISION MAYOR to RECLUSION TEMPORAL, MEDIUM TERM
Death

Rec. Perpetua
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 2: Rolex killed Chelnag. Rolex voluntarily surrendered.

HOMICIDE Penalty: RECLUSION TEMPORAL

1. Crime:

2. Not applicable!

3. MINIMUM INDETERMINATE SENTENCE One degree lower = PRISION MAYOR

4. MAXIMUM INDETERMINATE SENTENCE One MC (Voluntary surrender), No AC = RECLUSION TEMPORAL, MINIMUM IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM
Death

Rec. Perpetua
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 3: Rolex killed Chelnag. Rolex was a recidivist.

Penalty: RECLUSION TEMPORAL

1. Crime: HOMICIDE 2. Not applicable!

3. MINIMUM INDETERMINATE SENTENCE One degree lower = PRISION MAYOR

4. MAXIMUM INDETERMINATE SENTENCE No MC, One AC (recidivism) = RECLUSION TEMPORAL, MAXIMUM TERM IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM
Death

Rec. Perpetua
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

STEPS 1. Crime and Case # 4: Rolex killed Chelnag. Rolex was a recidivist. penalty Rolex voluntarily surrendered and pleaded guilty. 2. Lower penalty 1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by: 1deg:2+ MC, no AC 2. Not applicable! 1deg: >15<18 1deg: unlawful 3. MINIMUM INDETERMINATE SENTENCE aggression only One degree lower = PRISION MAYOR 2 degs: unlawful aggression + any 4. MAXIMUM INDETERMINATE SENTENCE other 2 Two MC, One AC = One MC Maximum IS = RECLUSION TEMPORAL, MINIMUM TERM remaining elements IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM 3. MINIMUM = one degree lower Death from imposed Rec. Perpetua penalty Rec Temporal MINIMUM MEDIUM MAXIMUM 4. MAXIMUM = 12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y imposable Prision mayor MINIMUM MEDIUM MAXIMUM penalty, apply 6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y Prision Corec MINIMUM MEDIUM MAXIMUM remaining AC or 6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y MC
Arresto Mayor MINIMUM MEDIUM MAXIMUM

Case # 5: Rolex killed Chelnag. Rolex voluntarily surrendered and pleaded guilty.
Penalty: RECLUSION TEMPORAL

1. Crime: HOMICIDE

2. Two MC (voluntary surrender & plea of guilty) Penalty = one degree lower = PRISION MAYOR 3. MINIMUM INDETERMINATE SENTENCE One degree lower = PRISION CORRECCIONAL 4. MAXIMUM INDETERMINATE SENTENCE No MC, No AC Maximum IS = PRISION MAYOR, MEDIUM TERM IS: PRISION CORRECCIONAL to PRISION MAYOR, MEDIUM
Death

Rec. Perpetua
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 6: Rolex when he was 17 y/o killed Chelnag with discernment. Rolex voluntarily surrendered.
Penalty: RECLUSION TEMPORAL

1. Crime: HOMICIDE

2. Minority: 17 y/o with discernment (RA9344) Penalty = one degree lower = PRISION MAYOR 3. MINIMUM INDETERMINATE SENTENCE One degree lower = PRISION CORRECCIONAL 4. MAXIMUM INDETERMINATE SENTENCE One MC (Voluntary surrender), No AC Maximum IS = PRISION MAYOR, MINIMUM TERM IS: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM
Death

Rec. Perpetua
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Privilege MC, Complex Crime, Ordinary MC

Case # 7: Rolex when he was 17 y/o robbed and killed Chelnag with discernment. Rolex voluntarily surrendered.

1. Crime: ROBBERY w/ HOMICIDE Penalty: RECLUSION TEMPORAL (Homicide has the higher penalty) 2. Minority: 17 y/o with discernment (RA9344) Penalty = one degree lower = PRISION MAYOR 3. MINIMUM INDETERMINATE SENTENCE One degree lower = PRISION CORRECCIONAL 4. MAXIMUM INDETERMINATE SENTENCE Imposable penalty for complex crime: PRISION MAYOR, MAX One MC (Voluntary surrender), No AC Maximum IS = PRISION MAYOR, MAX at Minimum range
Death

Rec. Perpetua
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 8: Rolex was found guilty of murder upon a plea of guilty. Sentence suspended since he was 16 y/o but was incorrigible. He was returned to the Court to impose proper penalty. The court imposed an IP from 5y of PC as MINIMUM to 10y, 1d of PM as the MAXIMUM. OK ba?

1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248) 2. Minority: 17 y/o with discernment (RA9344) Penalty = one degree lower = PRISION MAYOR, Max to RT, Med (Art. 61, par.3) 3. MINIMUM INDETERMINATE SENTENCE: PC, Max to PM, Med 4. MAXIMUM INDETERMINATE SENTENCE One MC (Plea of guilty), No AC Maximum IS = PRISION MAYOR, MAX
Death Rec. Perpetua Rec. Temporal, MAX: 17y, 4m, 1d to 20y Rec. Temporal, MED: 14y, 8m, 1d to 17y, 4m Rec. Temporal, MIN: 12y, 1d to 14y, 8m Prision mayor, MAX: 10y, 1d to 12y Prision mayor, MED: 8y, 1d to 10y Prision mayor, MIN: 6y, 1d to 8y

Step 1

Step 2 Step 4 Step 3

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Prision Corec, Max: 4y, 2m, 1d to 6y

Case # 9: Rolex killed Chelnag with treachery. He was found guilty of murder. MCs of plea of guilty and voluntary surrender.

1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248) 2. 2 MC (Voluntary surrender & Plea of guilty) Penalty = PRISION MAYOR, Max to RT, Med (Art. 61, par.3) 3. MINIMUM INDETERMINATE PENALTY : PC, Max to PM, Med

4. MAXIMUM INDETERMINATE PENALTY No MC, No AC Divide the Penalty @ #2 into three periods Maximum IP = Medium period of PM, Max to RT, Med
Death Rec. Perpetua Rec. Temporal, MAX: 17y, 4m, 1d to 20y Rec. Temporal, MED: 14y, 10m, 21d to 17y, 4m Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d Prision mayor, MAX: 10y, 1d to 12y,5m,10d Prision mayor, MED: 8y, 1d to 10y Prision mayor, MIN: 6y, 1d to 8y

Step 1

Step Step 4, 2, MAX Penalty

Step 3, MIN IP

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Prision Corec, Max: 4y, 2m, 1d to 6y

Case # 10: People vs. Jaurigue. The woman stabbed the man when placed his hand on the womans thigh, w/o any provocation on her part.

1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 2. Incomplete defense: unlawful aggression & lack of suff. provocation Penalty = two degrees lower = PRISION CORRECCIONAL 3. MINIMUM INDETERMINATE SENTENCE: ARRESTO MAYOR Under Pp. vs. Jaurigue = ARRESTO MAYOR, MEDIUM 4. MAXIMUM INDETERMINATE SENTENCE No MC, No AC Maximum IS = PRISION CORRECCIONAL, MEDIUM

Death Rec. Perpetua Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor 1 m, 1d to 6 m MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y MINIMUM MEDIUM 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m MINIMUM MEDIUM 1m, 1d to 2m 2m, 1d to 4m MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y MAXIMUM 4y, 2m, 1d to 6y MAXIMUM 4m, 1d to 6m

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 11: People vs. Nicolas. A killed B in self-defense. There was unlawful aggression by B and no sufficient provocation from A. But the means employed by A to defend himself was not reasonable. A acted w/ obfuscation and after killing B, surrendered himself.

1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 2. Incomplete defense: unlawful aggression & lack of suff. provocation Two degrees lower = PRISION CORRECCIONAL 2 MC (Obfuscation & Voluntary surrender) One degree lower = ARRESTO MAYOR ISL = not applicable since the range of Arresto Mayor is only from 1 month, 1 day to 6 months which is BELOW 1 year. Penalty: ARRESTO MAYOR, MEDIUM (No AC, no MC)

Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years Arresto Mayor 1 m, 1d to 6 m

Step 1

Step 2 (Art. 59) Step 2 (Art. 54 (5))

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 12 others: People vs. De Lara. A pleaded guilty to the charge of robbery in an inhabited place defined and penalized under Art 299. The value taken did not exceed P250.

1. Crime: Robbery in an inhabited place. Penalty: RECLUSION TEMPORAL (Art.299) 2. Stolen items less than P250 One degree lower = PRISION MAYOR, Minimum (Art. 299) 3. MINIMUM IP: PRISION CORRECCIONAL 4. MAXIMUM INDETERMINATE PENALTY No MC, No AC Divide Prision Mayor, Minimum into 3 periods Maximum IP = PRISION MAYOR, MINIMUM in its MEDIUM period 6y, 8m, 1d to 7y, 4m IP: Prision Correccional as minimum to Prision Mayor, Minimum in its medium period as maximum
SC RULING: FOUR (4) years and TWO (2) days of prision correccional, as minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as maximum. Rec Temporal Step 1 12y, 1d to 20 y MINIMUM MEDIUM MAXIMUM Prision mayor 6m, 1d to 2y, 4m MINIMUM 2y, 4m, 1d to 4y, 2m 4y, 2m, Step 1d to 6y 2 6 y, 1d to 12 years 6y, 1d to 8y Prision Corec Step 3 6 m, 1d to 6 years

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 12 others: People vs. De Lara. A pleaded guilty to the charge of robbery in an inhabited place defined and penalized under Art 299. The value taken did not exceed P250.

OBSERVATIONS ABOUT THE RULING OF THE CASE:

Based on our procedure: IP: Prision Correccional as minimum to Prision Mayor, Minimum in its medium period as maximum SC RULING: IP: FOUR (4) years and TWO (2) days of prision correccional, as minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as maximum. Note: SC disregarded that fact that the maximum penalty be implemented at MINIMUM period as provided for by Art. 299. One case of inconsistencies of SC rulings in imposing ISL.

Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years

MINIMUM 6y, 1d to 8y

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 13: Rolex was guilty of a complex crime frustrated homicide with assault upon an agent of person in authority.

1. Crime: FRUSTRATED HOMICIDE with ASSAULT (Complex crime) Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1degree lower) ASSAULT : PC, MED to MAX PERIOD Penalty to be considered: PRISION MAYOR (Higher) 2. Not applicable! 3. MINIMUM IP: PRISION CORRECCIONAL 4. MAXIMUM INDETERMINATE PENALTY Maximum IP = PRISION MAYOR, MAXIMUM (Art.48) IP: Prision correccional as minimum to prision mayor in its maxium period as maxium
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years MINIMUM 6y, 1d to 8y Prision Corec 6 m, 1d to 6 years

Step 1
MEDIUM 8y, 1d to 10y MAXIMUM 10y, 1d to 12y

Step 4

Step 3

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Case # 14: Rolex attempted to kill his uncle, Joey, a senior citizen. He was not able to kill Joey because he was arrested upon complaint of Joey of Rolexs threats that he will kill him.
Penalty: PRISION CORRECTIONAL (2 degrees lower penalty for homicide) Art.282 (1)

1. Crime: GRAVE THEATS

2. Not applicable! 3. MINIMUM IP: ARRESTO MAYOR 4. MAXIMUM INDETERMINATE PENALTY No MC, 2 Acs (Relationship & disregard of the respect due on account of his age) Maximum IP = PRISION CORRECCIONAL, MAXIMUM, max range IP: Arresto Mayor as minimum to prision correccional in its maximum period as maximum
Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years Prision Corec 6 m, 1d to 6 years MINIMUM 6m, 1d to 2y, 4m Arresto Mayor Arresto Mayor 1 m, 1d to 6 m

Step 1
MEDIUM 2y, 4m, 1d to 4y, 2m MAXIMUM 4y, 2m, 1d to 6y

Step 4

STEPS 1. Crime and penalty 2. Lower penalty by: 1deg:2+ MC, no AC 1deg: >15<18 1deg: unlawful aggression only 2 degs: unlawful aggression + any other 2 remaining elements 3. MINIMUM = one degree lower from imposed penalty 4. MAXIMUM = imposable penalty, apply remaining AC or MC

Step 3

STEPS 1. Crime and penalty 2. Lower penalty 1. Crime: ESTAFA thru FALSIFICATION (Complex crime) by: 1deg:2+ MC, no AC Penalty: ESTAFA: PRISION CORRECCIONAL (Min-Med(Art.315) 1deg: >15<18 FALSIFICATION: PRISION MAYOR (Art. 171) 1deg: unlawful aggression only Penalty to be considered: PRISION MAYOR (Higher) 2 degs: unlawful 2. Not applicable! aggression + any other 2 3. MINIMUM IP: PRISION CORRECCIONAL remaining elements 4. MAXIMUM INDETERMINATE PENALTY 3. MINIMUM = one Maximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium range degree lower from imposed penalty Prision mayor 4. MAXIMUM = Step 1 6 y, 1d to 12 years imposable MINIMUM MEDIUM MAXIMUM Step 4 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y penalty, apply Prision Corec remaining AC or Step 3 6 m, 1d to 6 years MC

Case # 15: Rolex, who was a public employee took advantage of his position to falsify a document defrauding the victim of P10,000.

ASSIGNED CASES 1. People vs. Nang Kay (Special Law) 2. People vs. Formigones (RPC) 3. People vs. Laler(RPC) 4. People vs. Onate (RPC) 5. People vs. Clareon (Special Law) 6. People vs. Lope Viente (Special Law) 7. Bacar vs. De Guzman (RPC) 8. Dela Cruz vs. CA (RPC) 9. Ladino vs. Garcia (RPC) 10. People vs. Saley, estafa (RPC), illegal recruitment (Special Law) 11. People vs. Narvasa (RPC & Special Law) 12. People vs. Campuhan (RPC)

PEOPLE VS. NANG KAY, 83 PHIL 515 (SPECIAL LAW) Crime: Illegal possession of firearms Penalty: 5 years to 10 years (SPECIAL LAW) Imposed Penalty: 5 years, 1 day

Issue: Is ISL to be applicable? Ruling: NO. Applying ISL will result of lengthening his prison sentence which is contrary to the objective of RA4103 as illustrated below: INDETERMINATE MINIMUM PENALTY: INDETERMINATE MAXIMUM PENALTY: 5 years 10 years

Indeterminate sentence: 5 years to 10 years

PEOPLE VS. FORMIGONES, 87 PHIL 185

Facts: Accused stabbed his wife at the back resulting to her death due to his suspicion that his bro-in-law was having an illicit affair with him. Crime: Parricide ( reclusion perpetua to death) Imposed Penalty by LC: Death SC Findings: 1. No AC of treachery (not alleged in the complaint) 2. Two MC of feeblemindedness & crime of passion
SC Ruling: Lesser penalty of reclusion perpetua (Art.63 par. 2 on two indivisible penalties) RA4103: Those with penalties of death and life imprisonment are exempted from the application of the ISL. This case was decided in 1950 wherein the accused was penalized with RP but ISL was not applied. This was clarified in the case of PEOPLE VS. NARVASA, 298 SCRA 637

PEOPLE VS. LALER, APRIL 15, 1963

Cant find case: Cited in: Criminal Law by Abelardo Estrada

PEOPLE VS. ONATE, 78 SCRA 43 (Similar to Case # 9) Facts: Accused stabbed the victim, without warning, on his forehead after a tuba drinking spree. Crime: Murder Penalty imposed by LC: cadena perpetua (should be RP) SC Findings: 1. Murder qualified by alevosia (Rec. Temporal, Max to Death (Art.248) 2. One MC of voluntary surrender (A Certification was not formally offered as evidence but was later recognized by SolGen) SC Ruling: Penalty: MODIFIED to IP of 10 years and 1 day of prision mayor to 17 years, 4 months and 2 days of reclusion temporal

Death Rec. Perpetua Rec. Temporal, MAX: 17y, 4m, 1d to 20y Rec. Temporal, MED: 14y, 10m, 21d to 17y, 4m Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d Prision mayor, MAX: 10y, 1d to 12y,5m,10d

Step 1 Step 4, One MC Step 3

PEOPLE VS. CLAREON, Nov. 29, 1982 (PASSSSSS, SPECIAL LAW) Clareon and his companion stole the motorcycle of Anastacio Barbajo. Clareon was on parole when the crime happened

Penalty: COA:

10 years, 1 day ISL to be applied

Ruling: Accused is not disqualified to avail of the ISL even if the crime was committed while on parole. IND. MINIMUM PENALTY: 6 years, 8 months & 1 day IND. MAXIMUM PENALTY: not exceed maximum fixed by law

PEOPLE VS. LOPE VIENTE, 225 SCRA 361 (PASSSSSS, SPECIAL LAW) Lope Viente and his two companions forcibly took the jeepney from Narciso Cabatas.

Crime: Carnapping ( violation of RA6539) Penalty: 17 years & 4 months to 30 years Imposed penalty: 30 years
SolGen: Straight penalty of 30 year should not be applied

Ruling: Agreed with the Solicitor General IND. MINIMUM PENALTY: 17 years & 4 months IND. MAXIMUM PENALTY: 30 years

BACAR VS. DE GUZMAN, APRIL 18, 1997 Facts: De Guzman was the TC judged that rendered judgment finding the accused guilty of homicide and penalized with PM to RT. Accused asked for a reconsideration wherein the judge took into account 2 MC: threat on the part of the victim & no intention to commit so grave a wrong as that committed. Crime as per TC: Homicide with 2 MC Imposed Penalty by TC: straight penalty of 3 years

Petitioners: Parents of the victim complained of gross ignorance of law against Judge De Guzman SC Findings: Ruling: Judge is liable for gross ignorance of law. Crime: Homicide (penalty: Reclusion temporal) (Step 1) With 2 MC, penalty = Prision Mayor, medium (Step 2) IND. MINIMUM PENALTY: Prision Correccional (Step 3) IND. MAXIMUM PENALTY: Prision Mayor, Medium (Step 4, no other MC & AC)

DELA CRUZ VS. CA, 265 SCRA 299 Facts: Erlinda dela Cruz, representing herself as customs broker, convinced Victor Bellosillo to part with his money amounting to P715k on several instances for the release of used machine spare parts. Accused failed to deliver the items. TC findings: Guilty of Estafa (Art.315) TC impose penalty: IS of 4 years, 2 months of prision correccional in its medium period as the MINIMUM to 8 years of prision mayor in its minimum as the MAXIMUM, PLUS 69 years, but the penalty to be suffered shall not exceed 20 years. CA imposed penalty: AFFIRMED. IS of 4 years, 2 months of prision correccional as MINIMUM to 20 years of reclusion temporal as maximum SC Ruling: AFFIRMED. Art.315: Penalty: For above P22k: PM, Minimum Step 4:

Prision mayor 6 y, 1d to 12 years MINIMUM 6y, 1d to 8y

+ 1 year for every P10k excess

The maximum penalty of PM minimum would be increased by 1 year for each additional P10k (P715k-P22k=P693k/P10k = 69 years)

LADINO VS. GARCIA, 265 SCRA 422 Facts: Ladino & Amistad were charged with special complex crime of robbery w/ homicide. They pleaded guilty of the lesser offense of single homicide which the widow of the victim conformed. Crime: Homicide (no MC, no AC) Penalty imposed by LC: 14 years, 8 months & 1 day to 17 years, 4 months & 1 day of reclusion temporal SC Findings: 1. Exceeded penalty by ONE day of the medium period of RT when no MC and AC. 2. ISL shall apply. SC Ruling: Penalty: MODIFIED to IP of 10 years of prision mayor as minimum to 17 years, 4 months of reclusion temporal as maximum

Rec Temporal 12y, 1d to 20 y Prision mayor 6 y, 1d to 12 years

MINIMUM MEDIUM 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m MINIMUM MEDIUM 6y, 1d to 8y 8y, 1d to 10y

MAXIMUM 17y, 4m, 1d to 20y MAXIMUM 10y, 1d to 12y

PEOPLE VS. SALEY, 291 SCRA 715 Facts: La Trinidad, Benguet Case. Saley was convicted of 11 counts of estafa and 6 counts of illegal recruitment. (Will discuss on ESTAFA) Crime: 11 counts of ESTAFA involving amounts of P18k to 45k) Penalty imposed by LC: IP of prision correccional, minimum as MINIMUM and prision correccional, maximum as MAXIMUM SC Ruling:

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min If above P22k, implement the max period (similar to complex crime) +
Period
Prision mayor, MIN: 6y, 1d to 8y Prision Corec, Max: 4y, 2m, 1d to 6y Prision Corec, MED: 2y, 4m, 1d to 4y, 2m Prision Corec, MIN: 6m, 1d to 2y, 4m Divide into 3 equal periods

Minimum

Medium

All cases involving 42,000 and below were Maximum Total upheld. Only cases above 22,000 Were modified. Note: no rounding up of addl years.

To 5 years, 5 4 years, 2 months and 10 months & 1 day days 5 years, 5 6 years, 8 months and 11 months and 20 days days 6 years, 8 months and 21 days 8 years

From

Period
Prision mayor, MIN: 6y, 1d to 8y
Prision Corec, Max: 4y, 2m, 1d to 6y Divide into 3 equal periods

Minimum

Medium

Pp. vs. Saley:

Maximum

To 5 years, 5 4 years, 2 months and 10 months & 1 day days 5 years, 5 6 years, 8 months and 11 months and 20 days days 6 years, 8 months and 21 days 8 years

From

In fine, the one year period (excess), whenever applicable, shall be added to the maximum period of the principal penalty of anywhere from 6 year, 8 months and 21 days to 8 years.

PEOPLE VS. SALEY, 291 SCRA 715

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min If above P22k, implement the max period (similar to complex crime) + 1 year for every excess of P10,000
Period From
Prision mayor, MIN: 6y, 1d to 8y Prision Corec, Max: 4y, 2m, 1d to 6y Prision Corec, MED: 2y, 4m, 1d to 4y, 2m Prision Corec, MIN: 6m, 1d to 2y, 4m Divide into 3 equal periods

Minimum

Medium

Maximum

To 5 years, 5 4 years, 2 months and 10 months & 1 day days 5 years, 5 6 years, 8 months and 11 months and 20 days days 6 years, 8 months and 21 days 8 years

ESTAFA CR1397: Amount P45,000.00 TC imposed IP: Minimum: 3 years, 6 months, 21 days Maximum: 7 years, 4 months, 1 day SC imposed IP: Minimum: 3 years, 6 months, 21 days Maximum: 8 years, 8 months, 21 day

Prision correccional Prision mayor Prision correccional, med Prision mayor, max

Computation: 45,000-22,000 = 23, 000/10,000 = 2.3 years = 2 years

PEOPLE VS. SALEY, 291 SCRA 715

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min If above P22k, implement the max period (similar to complex crime) + 1 year for every excess of P10,000
Period From
Prision mayor, MIN: 6y, 1d to 8y Prision Corec, Max: 4y, 2m, 1d to 6y Prision Corec, MED: 2y, 4m, 1d to 4y, 2m Prision Corec, MIN: 6m, 1d to 2y, 4m Divide into 3 equal periods

Minimum

Medium

Maximum

To 5 years, 5 4 years, 2 months and 10 months & 1 day days 5 years, 5 6 years, 8 months and 11 months and 20 days days 6 years, 8 months and 21 days 8 years

ESTAFA CR1426: Amount P40,000.00 TC imposed IP: Minimum: 1 year, 7 months, 11 days Maximum: 6 years, 5 months, 11 day SC imposed IP: Minimum: 2 years, 4 months, 1 day Maximum: 7 years, 8 months, 21 day

Prision correccional Prision mayor Prision correccional, med Prision mayor, min

Computation: 40,000-22,000 = 18, 000/10,000 = 1.8 years = 1 year

PEOPLE VS. NARVASA, 298 SCRA 637 Facts: Narvasa and companions were tracked down as suspects in the missing animals in Pangasinan. The police had an exchange of fire near the hours of the Narvasas. One of the policemen died during the encounter. The accused were apprehended and were found with unlincensed firearms.

TC ruling: Illegal possession of firearms in aggravated form: GUILTY. Penalty of death but will suffer reclusion perpetua. (Possession is the aggravating form as provided under the SPECIAL LAW RA___) Homicide: TC considered it a necessary component of the crime of illegal possession of firearms. Homicide merely an element in the principal offense of illegal possession of firearms in its aggravated form. SC Ruling: RA 8294: considers the use of unlicensed firearm as simply an AC in murder or homicide, and not as a separate offense.

PEOPLE VS. NARVASA, 298 SCRA 637 Facts: Narvasa and companions were tracked down as suspects in the missing animals in Pangasinan. The police had an exchange of fire near the hours of the Narvasas. One of the policemen died during the encounter. The accused were apprehended and were found with unlincensed firearms.

SC Ruling: Under RA 8294, appellants are liable only of homicide and penalized with reclusion temporal. Penalty: MODIFIED. Guilty of HOMICIDE with special AC of using unlicensed firearm IP: 12 years of prision mayor as MINIMUM to 20 years of reclusion temporal as MAXIMUM.

PEOPLE VS. CAMPUHAN, 329 SCRA 270 Facts: Primo Campuhan was found on a kneeling position, short pants down, on top of 4 y/o Crystel whose pajamas and panties were removed. TC ruling: Crime: Statutory rape Penalty: death

SC Ruling: Crime: Attempted rape Penalty: Reclusion temporal (2 degrees lower from death) Imposed penalty: IP of 8 years, 4 months and 10 days of prision mayor medium as MINIMUM to 14 years, 10 months, 20 days of reclusion temporal medium as MAXIMUM