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
 STEPS
1. Crime and
 Case # 1: Rolex killed Chelnag. penalty
1. Crime: HOMICIDE 2. Lower penalty
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
No MC, No AC = RECLUSION TEMPORAL, MEDIUM TERM
remaining
IS: PRISION MAYOR to RECLUSION TEMPORAL, elements
MEDIUM TERM 3. MINIMUM = one
Death
degree lower
from imposed
Rec. Perpetua
Rec Temporal MINIMUM MEDIUM MAXIMUM
penalty
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y 4. MAXIMUM =
Prision mayor MINIMUM MEDIUM MAXIMUM imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y
penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y remaining AC or
Arresto Mayor MINIMUM MEDIUM MAXIMUM MC
 STEPS
 Case # 2: Rolex killed Chelnag. Rolex 1. Crime and
voluntarily surrendered. penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 2. Lower penalty
by:
2. Not applicable! 1deg:2+ MC, no AC
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE 1deg: unlawful
One degree lower = PRISION MAYOR aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE
aggression + any
One MC (Voluntary surrender), No AC = RECLUSION
other 2
TEMPORAL, MINIMUM
remaining
IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM elements
3. MINIMUM = one
Death
degree lower
from imposed
Rec. Perpetua
Rec Temporal MINIMUM MEDIUM MAXIMUM
penalty
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y 4. MAXIMUM =
Prision mayor MINIMUM MEDIUM MAXIMUM imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y
penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y remaining AC or
Arresto Mayor MINIMUM MEDIUM MAXIMUM MC
 STEPS
1. Crime and
 Case # 3: Rolex killed Chelnag. Rolex was a penalty
recidivist.
2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Not applicable!
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE 1deg: unlawful
One degree lower = PRISION MAYOR aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE aggression + any
No MC, One AC (recidivism) = RECLUSION TEMPORAL, other 2
MAXIMUM TERM remaining
elements
IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM 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
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
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
 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
3. MINIMUM INDETERMINATE SENTENCE 1deg: unlawful
One degree lower = PRISION MAYOR aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE aggression + any
Two MC, One AC = One MC other 2
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
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
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
 STEPS
1. Crime and
 Case # 5: Rolex killed Chelnag. Rolex voluntarily penalty
surrendered and pleaded guilty.
2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Two MC (voluntary surrender & plea of guilty)
Penalty = one degree lower = PRISION MAYOR
1deg: >15<18
1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE aggression only
One degree lower = PRISION CORRECCIONAL 2 degs: unlawful
aggression + any
4. MAXIMUM INDETERMINATE SENTENCE other 2
No MC, No AC remaining
Maximum IS = PRISION MAYOR, MEDIUM TERM elements
3. MINIMUM = one
IS: PRISION CORRECCIONAL to PRISION MAYOR, MEDIUM 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
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
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
 STEPS
1. Crime and
 Case # 6: Rolex when he was 17 y/o killed Chelnag penalty
with discernment. Rolex voluntarily surrendered.
2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Minority: 17 y/o with discernment (RA9344)
Penalty = one degree lower = PRISION MAYOR
1deg: >15<18
1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE aggression only
One degree lower = PRISION CORRECCIONAL 2 degs: unlawful
aggression + any
4. MAXIMUM INDETERMINATE SENTENCE other 2
One MC (Voluntary surrender), No AC remaining
Maximum IS = PRISION MAYOR, MINIMUM TERM elements
3. MINIMUM = one
IS: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM 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
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
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
Privilege MC, Complex Crime, Ordinary MC
STEPS
 Case # 7: Rolex when he was 17 y/o robbed and killed
Chelnag with discernment. Rolex voluntarily surrendered. 1. Crime and
penalty
1. Crime: ROBBERY w/ HOMICIDE
Penalty: RECLUSION TEMPORAL (Homicide has the higher
2. Lower penalty
penalty) by:
1deg:2+ MC, no AC
2. Minority: 17 y/o with discernment (RA9344) 1deg: >15<18
Penalty = one degree lower = PRISION MAYOR 1deg: unlawful
aggression only
3. MINIMUM INDETERMINATE SENTENCE 2 degs: unlawful
One degree lower = PRISION CORRECCIONAL
aggression +
4. MAXIMUM INDETERMINATE SENTENCE
any other 2
Imposable penalty for complex crime: PRISION MAYOR, MAX remaining
One MC (Voluntary surrender), No AC elements
Maximum IS = PRISION MAYOR, MAX at Minimum range 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 remaining AC or
Prision Corec MINIMUM MEDIUM MAXIMUM MC
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
Arresto Mayor MINIMUM MEDIUM MAXIMUM
 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
STEPS
returned to the Court to impose proper penalty. The court imposed an IP 1. Crime and
from 5y of PC as MINIMUM to 10y, 1d of PM as the MAXIMUM. OK ba? penalty
2. Lower penalty
1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248) by:
2. Minority: 17 y/o with discernment (RA9344) 1deg:2+ MC, no AC
Penalty = one degree lower = PRISION MAYOR, Max to RT, Med (Art. 1deg: >15<18
61, par.3) 1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE: PC, Max to PM, Med aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE
aggression +
One MC (Plea of guilty), No AC
Maximum IS = PRISION MAYOR, MAX any other 2
remaining
Death elements
Rec. Perpetua Step 1 3. MINIMUM = one
Rec. Temporal, MAX: 17y, 4m, 1d to 20y degree lower
from imposed
Rec. Temporal, MED: 14y, 8m, 1d to 17y, 4m penalty
Rec. Temporal, MIN: 12y, 1d to 14y, 8m Step 2 4. MAXIMUM =
Prision mayor, MAX: 10y, 1d to 12y Step 4 imposable
penalty, apply
Prision mayor, MED: 8y, 1d to 10y remaining AC or
Prision mayor, MIN: 6y, 1d to 8y Step 3 MC
Prision Corec, Max: 4y, 2m, 1d to 6y
 Case # 9: Rolex killed Chelnag with treachery. He was found STEPS
guilty of murder. MCs of plea of guilty and voluntary 1. Crime and
surrender. penalty
1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248) 2. Lower penalty
2. 2 MC (Voluntary surrender & Plea of guilty) by:
Penalty = PRISION MAYOR, Max to RT, Med (Art. 61, par.3) 1deg:2+ MC, no AC
1deg: >15<18
3. MINIMUM INDETERMINATE PENALTY : PC, Max to PM, Med
1deg: unlawful
4. MAXIMUM INDETERMINATE PENALTY aggression only
No MC, No AC 2 degs: unlawful
Divide the Penalty @ #2 into three periods
aggression +
Maximum IP = Medium period of PM, Max to RT, Med
any other 2
remaining
Death elements
Rec. Perpetua Step 1 3. MINIMUM = one
Rec. Temporal, MAX: 17y, 4m, 1d to 20y degree lower
from imposed
Rec. Temporal, MED: 14y, 10m, 21d to 17y, 4m penalty
Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d Step
Step4,2,MAX
Penalty 4. MAXIMUM =
Prision mayor, MAX: 10y, 1d to 12y,5m,10d imposable
penalty, apply
Prision mayor, MED: 8y, 1d to 10y remaining AC or
Prision mayor, MIN: 6y, 1d to 8y Step 3, MIN IP MC
Prision Corec, Max: 4y, 2m, 1d to 6y
 Case # 10: People vs. Jaurigue. The woman stabbed the STEPS
man when placed his hand on the woman’s thigh, w/o any 1. Crime and
provocation on her part. penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 2. Lower penalty
2. Incomplete defense: unlawful aggression & lack of suff. provocation by:
Penalty = two degrees lower = PRISION CORRECCIONAL 1deg:2+ MC, no AC
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE: ARRESTO MAYOR
Under Pp. vs. Jaurigue = ARRESTO MAYOR, MEDIUM 1deg: unlawful
aggression only
4. MAXIMUM INDETERMINATE SENTENCE 2 degs: unlawful
No MC, No AC
aggression +
Maximum IS = PRISION CORRECCIONAL, MEDIUM
any other 2
remaining
elements
Death
3. MINIMUM = one
degree lower
Rec. Perpetua
from imposed
Rec Temporal MINIMUM MEDIUM MAXIMUM
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y penalty
Prision mayor MINIMUM MEDIUM MAXIMUM 4. MAXIMUM =
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y imposable
Prision Corec MINIMUM MEDIUM MAXIMUM penalty, apply
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
remaining AC or
Arresto Mayor MINIMUM MEDIUM MAXIMUM
1 m, 1d to 6 m 1m, 1d to 2m 2m, 1d to 4m 4m, 1d to 6m MC
 Case # 11: People vs. Nicolas. A killed B in self-defense. STEPS
There was unlawful aggression by B and no sufficient 1. Crime and
provocation from A. But the means employed by A to defend penalty
himself was not reasonable. A acted w/ obfuscation and 2. Lower penalty
after killing B, surrendered himself. by:
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 1deg:2+ MC, no AC
2. Incomplete defense: unlawful aggression & lack of suff. 1deg: >15<18
provocation 1deg: unlawful
Two degrees lower = PRISION CORRECCIONAL aggression only
2 degs: unlawful
2 MC (Obfuscation & Voluntary surrender) aggression +
One degree lower = ARRESTO MAYOR any other 2
remaining
ISL = not applicable since the range of Arresto Mayor is only
elements
from 1 month, 1 day to 6 months which is BELOW 1 year.
3. MINIMUM = one
Penalty: ARRESTO MAYOR, MEDIUM (No AC, no MC) degree lower
from imposed
penalty
Rec Temporal
Step 1 4. MAXIMUM =
12y, 1d to 20 y
imposable
Prision mayor
6 y, 1d to 12 years penalty, apply
Prision Corec remaining AC or
Step 2 (Art. 59)
6 m, 1d to 6 years MC
Arresto Mayor Step 2 (Art. 54 (5))
1 m, 1d to 6 m
 Case # 12 others: People vs. De Lara. A pleaded guilty to STEPS
the charge of robbery in an inhabited place defined and 1. Crime and
penalized under Art 299. The value taken did not exceed penalty
P250. 2. Lower penalty
1. Crime: Robbery in an inhabited place. by:
Penalty: RECLUSION TEMPORAL (Art.299)
1deg:2+ MC, no AC
2. Stolen items less than P250 1deg: >15<18
One degree lower = PRISION MAYOR, Minimum (Art. 299) 1deg: unlawful
aggression only
3. MINIMUM IP: PRISION CORRECCIONAL
2 degs: unlawful
4. MAXIMUM INDETERMINATE PENALTY
aggression +
No MC, No AC any other 2
Divide Prision Mayor, Minimum into 3 periods remaining
Maximum IP = PRISION MAYOR, MINIMUM in its MEDIUM period elements
6y, 8m, 1d to 7y, 4m 3. MINIMUM = one
IP: Prision Correccional as minimum to Prision Mayor, Minimum in its degree lower
medium period as maximum from imposed
SC RULING: FOUR (4) years and TWO (2) days of prision correccional, as penalty
minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as maximum. 4. MAXIMUM =
Rec Temporal Step 1 imposable
12y, 1d to 20 y
MINIMUM MEDIUM MAXIMUM penalty, apply
Prision mayor 6m, 1d to 2y, 4m MINIMUM 4y, 2m, Step
6 y, 1d to 12 years
2y, 4m, 1d to 4y, 2m
6y, 1d to 8y 2
1d to 6y
remaining AC or
Prision Corec MC
6 m, 1d to 6 years Step 3
 Case # 12 others: People vs. De Lara. A pleaded guilty to STEPS
the charge of robbery in an inhabited place defined and 1. Crime and
penalized under Art 299. The value taken did not exceed penalty
P250. 2. Lower penalty
OBSERVATIONS ABOUT THE RULING OF THE CASE: by:
Based on our procedure: 1deg:2+ MC, no AC
IP: Prision Correccional as minimum to Prision Mayor, Minimum in its 1deg: >15<18
medium period as maximum 1deg: unlawful
aggression only
SC RULING: 2 degs: unlawful
IP: FOUR (4) years and TWO (2) days of prision correccional, as aggression +
minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as any other 2
maximum. remaining
elements
Note: SC disregarded that fact that the maximum penalty be
implemented at MINIMUM period as provided for by Art. 299. 3. MINIMUM = one
degree lower
One case of inconsistencies of SC rulings in imposing ISL. from imposed
penalty
4. MAXIMUM =
Rec Temporal imposable
12y, 1d to 20 y penalty, apply
Prision mayor MINIMUM remaining AC or
6 y, 1d to 12 years 6y, 1d to 8y
MC
Prision Corec
6 m, 1d to 6 years
 Case # 13: Rolex was guilty of a complex crime STEPS
frustrated homicide with assault upon an agent of 1. Crime and
person in authority. penalty
2. Lower penalty
1. Crime: FRUSTRATED HOMICIDE with ASSAULT (Complex crime) by:
1deg:2+ MC, no AC
Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1degree lower)
ASSAULT : PC, MED to MAX PERIOD
1deg: >15<18
1deg: unlawful
Penalty to be considered: PRISION MAYOR (Higher) aggression only
2 degs: unlawful
2. Not applicable! aggression +
3. MINIMUM IP: PRISION CORRECCIONAL any other 2
remaining
4. MAXIMUM INDETERMINATE PENALTY
elements
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48)
IP: Prision correccional as minimum to prision mayor in its maxium
3. MINIMUM = one
period as maxium degree lower
from imposed
Rec Temporal penalty
12y, 1d to 20 y 4. MAXIMUM =
Prision mayor imposable
6 y, 1d to 12 years Step 1
MINIMUM MEDIUM MAXIMUM
penalty, apply
6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y Step 4 remaining AC or
Prision Corec MC
6 m, 1d to 6 years Step 3
 Case # 14: Rolex attempted to kill his uncle, Joey, a STEPS
senior citizen. He was not able to kill Joey because he 1. Crime and
was arrested upon complaint of Joey of Rolex’s penalty
threats that he will kill him. 2. Lower penalty
1. Crime: GRAVE THEATS Penalty: PRISION CORRECTIONAL by:
(2 degrees lower penalty for homicide) 1deg:2+ MC, no AC
Art.282 (1) 1deg: >15<18
2. Not applicable! 1deg: unlawful
aggression only
3. MINIMUM IP: ARRESTO MAYOR 2 degs: unlawful
4. MAXIMUM INDETERMINATE PENALTY aggression +
No MC, 2 Acs (Relationship & disregard of the respect due on any other 2
account of his age) remaining
Maximum IP = PRISION CORRECCIONAL, MAXIMUM, max range elements
IP: Arresto Mayor as minimum to prision correccional in its maximum
period as maximum
3. MINIMUM = one
degree lower
Rec Temporal from imposed
12y, 1d to 20 y
penalty
Prision mayor
6 y, 1d to 12 years
4. MAXIMUM =
Prision Corec imposable
6 m, 1d to 6 years Step 1 penalty, apply
MINIMUM MEDIUM MAXIMUM
Step 4 remaining AC or
6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
MC
Arresto Mayor
Arresto Mayor
1 m, 1d to 6 m Step 3
 Case # 15: Rolex, who was a public employee took STEPS
advantage of his position to falsify a document 1. Crime and
defrauding the victim of P10,000. 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)
FALSIFICATION: PRISION MAYOR (Art. 171)
1deg: >15<18
1deg: unlawful
Penalty to be considered: PRISION MAYOR (Higher) aggression only
2 degs: unlawful
2. Not applicable! aggression +
any other 2
3. MINIMUM IP: PRISION CORRECCIONAL remaining
elements
4. MAXIMUM INDETERMINATE PENALTY
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium range
3. MINIMUM = one
degree lower
from imposed
penalty
Prision mayor
6 y, 1d to 12 years Step 1 4. MAXIMUM =
MINIMUM MEDIUM MAXIMUM imposable
6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y Step 4 penalty, apply
Prision Corec
Step 3 remaining AC or
6 m, 1d to 6 years
MC
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: 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

Death
Rec. Perpetua Step 1
Rec. Temporal, MAX: 17y, 4m, 1d to 20y Step 4, One MC
Rec. Temporal, MED: 14y, 10m, 21d to 17y, 4m
Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d Step 3
Prision mayor, MAX: 10y, 1d to 12y,5m,10d
 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:
Prision mayor MINIMUM
6 y, 1d to 12 years 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 MINIMUM MEDIUM MAXIMUM

12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y
Prision mayor MINIMUM MEDIUM MAXIMUM
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 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 From To
Prision mayor, MIN: 6y, 1d to 8y Divide 5 years, 5
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods
5 years, 5 6 years, 8
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m months and 11 months and 20
Prision Corec, MIN: 6m, 1d to 2y, 4m Medium days days
6 years, 8
All cases involving 42,000 and below were months and 21
Maximum days 8 years
Total upheld. Only cases above 22,000
Were modified. Note: no rounding up of add’l years.
 Period From To
Divide 5 years, 5
Prision mayor, MIN: 6y, 1d to 8y
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods 5 years, 5 6 years, 8
months and 11 months and 20
Medium days days
6 years, 8
months and 21
Maximum days 8 years
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.
 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 To
Divide 5 years, 5
Prision mayor, MIN: 6y, 1d to 8y
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods 5 years, 5 6 years, 8
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m months and 11 months and 20
Medium days days
Prision Corec, MIN: 6m, 1d to 2y, 4m
6 years, 8
months and 21
Maximum days 8 years
ESTAFA
CR1397: Amount P45,000.00
TC imposed IP:
Minimum: 3 years, 6 months, 21 days Prision correccional
Maximum: 7 years, 4 months, 1 day Prision mayor
SC imposed IP:
Minimum: 3 years, 6 months, 21 days Prision correccional, med
Maximum: 8 years, 8 months, 21 day 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 To
Divide 5 years, 5
Prision mayor, MIN: 6y, 1d to 8y
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods 5 years, 5 6 years, 8
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m months and 11 months and 20
Medium days days
Prision Corec, MIN: 6m, 1d to 2y, 4m
6 years, 8
months and 21
Maximum days 8 years
ESTAFA
CR1426: Amount P40,000.00
TC imposed IP:
Minimum: 1 year, 7 months, 11 days Prision correccional
Maximum: 6 years, 5 months, 11 day Prision mayor
SC imposed IP:
Minimum: 2 years, 4 months, 1 day Prision correccional, med
Maximum: 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.
 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