Indeterminate Sentence Law

1. Determine crime committed and the penalty imposable.

2. 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

3. 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.

4. 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

STEPS1. Crime and

penalty2. Lower

penalty by:1deg:2+ MC, no

AC 1deg: >15<181deg: 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 # 1: Rolex killed Chelnag.

MINIMUM12y, 1d to 14y, 8m

MEDIUM14y, 8m, 1d to 17y, 4m

MAXIMUM17y, 4m, 1d to 20y

Rec Temporal

12y, 1d to 20 yMINIMUM6y, 1d to 8y

MEDIUM8y, 1d to 10y

MAXIMUM10y, 1d to 12y

Prision mayor

6 y, 1d to 12 yearsMINIMUM

6m, 1d to 2y, 4mMEDIUM

2y, 4m, 1d to 4y, 2mMAXIMUM

4y, 2m, 1d to 6yPrision Corec6 m, 1d to 6 years

MINIMUM MEDIUM MAXIMUMArresto Mayor

Rec. Perpetua

Death

1. Crime: HOMICIDEPenalty: RECLUSION TEMPORAL

2. Not applicable!

3. MINIMUM INDETERMINATE SENTENCEOne degree lower = PRISION MAYOR

4. MAXIMUM INDETERMINATE SENTENCENo MC, No AC = RECLUSION TEMPORAL, MEDIUM TERMIS: PRISION MAYOR to RECLUSION TEMPORAL, MEDIUM TERM

STEPS1. Crime and

penalty2. Lower



aggression only




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




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor






Rec. Perpetua

Death

1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL

2. Not applicable!


4. MAXIMUM INDETERMINATE SENTENCEOne MC (Voluntary surrender), No AC = RECLUSION TEMPORAL, MINIMUM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

STEPS1. Crime and

penalty2. Lower



aggression only




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




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor






Rec. Perpetua

Death

1. Crime: HOMICIDE Penalty:RECLUSION TEMPORAL

2. Not applicable!


4. MAXIMUM INDETERMINATE SENTENCENo MC, One AC (recidivism) = RECLUSION TEMPORAL, MAXIMUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM

STEPS1. Crime and

penalty2. Lower



aggression only




Case # 4: Rolex killed Chelnag. Rolex was a recidivist. Rolex voluntarily surrendered and pleaded guilty.




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor






Rec. Perpetua

Death


2. Not applicable!


4. MAXIMUM INDETERMINATE SENTENCETwo MC, One AC = One MCMaximum IS = RECLUSION TEMPORAL, MINIMUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

STEPS1. Crime and

penalty2. Lower



aggression only




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




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor






Rec. Perpetua

Death


2. Two MC (voluntary surrender & plea of guilty)Penalty = one degree lower = PRISION MAYOR

3. MINIMUM INDETERMINATE SENTENCEOne degree lower = PRISION CORRECCIONAL

4. MAXIMUM INDETERMINATE SENTENCENo MC, No ACMaximum IS = PRISION MAYOR, MEDIUM TERM

IS: PRISION CORRECCIONAL to PRISION MAYOR, MEDIUM

STEPS1. Crime and

penalty2. Lower



aggression only




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




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor






Rec. Perpetua

Death


2. Minority: 17 y/o with discernment (RA9344)Penalty = one degree lower = PRISION MAYOR


4. MAXIMUM INDETERMINATE SENTENCEOne MC (Voluntary surrender), No ACMaximum IS = PRISION MAYOR, MINIMUM TERM

IS: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM

STEPS1. Crime and

penalty2. Lower



aggression only




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




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor






Rec. Perpetua

Death

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


4. MAXIMUM INDETERMINATE SENTENCEImposable penalty for complex crime: PRISION MAYOR, MAXOne MC (Voluntary surrender), No ACMaximum IS = PRISION MAYOR, MAX at Minimum range

Privilege MC, Complex Crime, Ordinary MC

STEPS1. Crime and

penalty2. Lower



aggression only




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?

Rec. Temporal, MIN: 12y, 1d to 14y, 8m

Rec. Temporal, MED: 14y, 8m, 1d to 17y, 4m

Rec. Temporal, MAX: 17y, 4m, 1d to 20y

Prision mayor, MIN: 6y, 1d to 8y

Prision mayor, MED: 8y, 1d to 10y

Prision mayor, MAX: 10y, 1d to 12y

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

Rec. Perpetua

Death

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 SENTENCEOne MC (Plea of guilty), No ACMaximum IS = PRISION MAYOR, MAX

Step 1

Step 2

Step 3

Step 4

STEPS1. Crime and

penalty2. Lower



aggression only




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

Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d



Prision mayor, MIN: 6y, 1d to 8y

Prision mayor, MED: 8y, 1d to 10y

Prision mayor, MAX: 10y, 1d to 12y,5m,10d

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

Rec. Perpetua

Death

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 PENALTYNo MC, No ACDivide the Penalty @ #2 into three periodsMaximum IP = Medium period of PM, Max to RT, Med

Step 1

Step 2, Penalty

Step 3, MIN IP

Step 4, MAX

STEPS1. Crime and

penalty2. Lower



aggression only




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


2. Incomplete defense: unlawful aggression & lack of suff. provocationPenalty = two degrees lower = PRISION CORRECCIONAL

3. MINIMUM INDETERMINATE SENTENCE: ARRESTO MAYORUnder Pp. vs. Jaurigue = ARRESTO MAYOR, MEDIUM

4. MAXIMUM INDETERMINATE SENTENCENo MC, No ACMaximum IS = PRISION CORRECCIONAL, MEDIUM




Rec Temporal


MEDIUM8y, 1d to 10y


Prision mayor





Rec. Perpetua

Death


MINIMUM1m, 1d to 2m

MEDIUM2m, 1d to 4m

MAXIMUM4m, 1d to 6m

Arresto Mayor

1 m, 1d to 6 m

STEPS1. Crime and

penalty2. Lower



aggression only




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.


2. Incomplete defense: unlawful aggression & lack of suff. provocationTwo 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 yPrision mayor

6 y, 1d to 12 years

Prision mayor

6 y, 1d to 12 yearsPrision Corec6 m, 1d to 6 years

Arresto Mayor

Arresto Mayor

1 m, 1d to 6 m

Step 1

Step 2 (Art. 59)

Step 2 (Art. 54 (5))

STEPS1. Crime and

penalty2. Lower



aggression only




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 P250One degree lower = PRISION MAYOR, Minimum (Art. 299)

3. MINIMUM IP: PRISION CORRECCIONAL

4. MAXIMUM INDETERMINATE PENALTYNo MC, No ACDivide Prision Mayor, Minimum into 3 periodsMaximum 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

Rec Temporal


Prision mayor


Step 1

Step 2

Step 3

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.

MINIMUM6m, 1d to 2y, 4m



STEPS1. Crime and

penalty2. Lower



aggression only




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

Rec Temporal


Prision mayor


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.

STEPS1. Crime and

penalty2. Lower



aggression only




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!


4. MAXIMUM INDETERMINATE PENALTYMaximum IP = PRISION MAYOR, MAXIMUM (Art.48)

IP: Prision correccional as minimum to prision mayor in its maxium period as maxiumRec Temporal

12y, 1d to 20 y

MINIMUM6y, 1d to 8y

MEDIUM8y, 1d to 10y


Prision mayor

6 y, 1d to 12 years

Prision Corec6 m, 1d to 6 years

Step 1

Step 3

Step 4

STEPS1. Crime and

penalty2. Lower



aggression only




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 Rolex’s threats that he will kill him.

1. Crime: GRAVE THEATS Penalty: PRISION CORRECTIONAL(2 degrees lower penalty for

homicide)Art.282 (1)

2. Not applicable!

3. MINIMUM IP: ARRESTO MAYOR

4. MAXIMUM INDETERMINATE PENALTYNo 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 yPrision mayor

6 y, 1d to 12 years

MINIMUM6m, 1d to 2y, 4m



Prision Corec6 m, 1d to 6 years

Arresto Mayor

Arresto Mayor

1 m, 1d to 6 m

Step 1

Step 3

Step 4

STEPS1. Crime and

penalty2. Lower



aggression only




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

1. Crime: ESTAFA thru FALSIFICATION(Complex crime)

Penalty: ESTAFA: PRISION CORRECCIONAL (Min-Med(Art.315) FALSIFICATION: PRISION MAYOR (Art. 171)

Penalty to be considered: PRISION MAYOR (Higher)

2. Not applicable!


4. MAXIMUM INDETERMINATE PENALTYMaximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium range

Prision mayor




4y, 2m, 1d to 6yPrision Corec6 m, 1d to 6 yearsPrision Corec6 m, 1d to 6 years

Step 1

Step 3

Step 4

ASSIGNED CASES1.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: 5 years

INDETERMINATE MAXIMUM PENALTY: 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

Can’t 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

Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d



Prision mayor, MAX: 10y, 1d to 12y,5m,10d

Rec. Perpetua

Death

Step 1

Step 3

Step 4, One MC

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: 10 years, 1 day

COA: 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:

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

MINIMUM6y, 1d to 8y

Prision mayor

6 y, 1d to 12 years+ 1 year for every P10k excess

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


MEDIUM8y, 1d to 10y


Prision mayor

6 y, 1d to 12 years

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:

All cases involving 42,000 and below were

Total upheld. Only cases above 22,000

Were modified. Note: no rounding up of add’l years.

Prision mayor, MIN: 6y, 1d to 8yPrision Corec, Max: 4y, 2m, 1d to 6y

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM minIf above P22k, implement the max period (similar to complex crime) +

Divide into 3 equal

periods

Period From To

Minimum4 years, 2 months & 1 day

5 years, 5 months and 10 days

Medium



Maximum

6 years, 8 months and 21 days 8 years

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

Prision Corec, MED: 2y, 4m, 1d to 4y, 2m

Pp. vs. Saley:

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.


Divide into 3 equal

periods

Period From To



Medium



Maximum




Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM minIf above P22k, implement the max period (similar to complex crime) + 1 year for every excess of P10,000

Divide into 3 equal

periods

Period From To



Medium



Maximum




ESTAFACR1397: Amount P45,000.00TC imposed IP:

Minimum: 3 years, 6 months, 21 days Prision correccionalMaximum: 7 years, 4 months, 1 day Prision mayor

SC imposed IP:Minimum: 3 years, 6 months, 21 days Prision correccional, medMaximum: 8 years, 8 months, 21 day Prision mayor, max

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



Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM minIf above P22k, implement the max period (similar to complex crime) + 1 year for every excess of P10,000

Divide into 3 equal

periods

Period From To



Medium



Maximum




ESTAFACR1426: Amount P40,000.00TC imposed IP:

Minimum: 1 year, 7 months, 11 days Prision correccionalMaximum: 6 years, 5 months, 11 day Prision mayor

SC imposed IP:Minimum: 2 years, 4 months, 1 day Prision correccional, medMaximum: 7 years, 8 months, 21 day 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.

2. ISL shall apply.

SC Ruling:


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.

2. ISL shall apply.

SC Ruling:


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

2. ISL shall apply.

SC Ruling:


Documents

Indeterminate Sentence Law