INDETERMINATE SENTENCE LAW

BAR QUESTIONS (2014 to 2019)

1. A, a young boy aged sixteen (16) at the time of the commission of the
crime, was convicted when he was already seventeen (17) years of age for
violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs
for which the imposable penalty is life imprisonment and a fine. Section 98
of the same law provides that if the penalty imposed is life imprisonment to
death on minor offenders, the penalty shall be reclusion perpetuato death.
Under R.A. 9344, a minor offender is entitled to a privilege mitigating
circumstance. (8%)

a) ...xxx...
b) Is the Indeterminate Sentence Law applicable considering that life
imprisonment has no fixed duration and the Dangerous Drugs Law is
malum prohibitum?
c) ...xxx...
d) ...xxx... (2014)

x--------------------------------x

2. Explain the application of the Indeterminate Sentence Law (ISL). (5%)

(2016)

x--------------------------------x

3. Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake
books. The law prescribes the penalty of prision correccional, a divisible
penalty whose minimum period is six months and one day to two years and
four months; medium period is two years, four months and one day to four
years and two months; and maximum period is four years, two months and
one day to six years.

At arraignment, Sammy Peke pleads guilty to the crime charged.

a) Explain how the Indeterminate Sentence Law  is applied in crimes

punished by special laws. (3%)
 b) Supposing the trial judge imposes a straight penalty of imprisonment
for one year, is the penalty correct in the context of
the Indeterminate Sentence Law?  Explain your answer. (3%) (2017)

x--------------------------------x

4. Randy was prosecuted for forcible abduction attended by the aggravating

circumstance of recidivism. After trial, the court held that the prosecutor
was able to prove the charge. Nonetheless, it appreciated in favor of Randy,
on the basis of the defense's evidence, the mitigating circumstances of
voluntary surrender, uncontrollable fear, and provocation. Under Art. 342
of the Revised Penal Code (RPC), the penalty for forcible abduction
is reclusion temporal.

Applying the Indeterminate Sentence Law, what penalty should be imposed

on Randy? (5%) (2018)

x--------------------------------x

5. In November 2018, Mr. N, a notorious criminal, was found guilty of three

(3) counts of Murder and was consequently sentenced with the penalty
of reclusion perpetua for each count. A month after, he was likewise found
guilty of five (5) counts of Grave Threats in a separate criminal proceeding,
and hence, meted with the penalty of prision mayor for each count.

a) ...xxx...
b) ...xxx...
c) May Mr. N avail of the benefits of the Indeterminate Sentence Law
with respect to his convictions for Murder and Grave Threats?
Explain. (3%)
d) ...xxx... (2019)

x--------------------------------x

6. Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This
culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete
pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead. A
few minutes after the incident, Mr. X immediately went to the police
station to confess what he did and told the police where he left Mr. Y.
Fortunately, the police rescued Mr. Y and he survived with the help of
timely medical intervention. Mr. X was then charged in court with
Frustrated Homicide, to which he openly confessed his guilt upon
arraignment.

a) ...xxx...
b) Under the Revised Penal Code, Homicide is punished with the
penalty of reclusion temporal. Without applying the Indeterminate
Sentence Law, what penalty should be imposed against Mr. X
assuming that he is found guilty of the charge of Frustrated
Homicide, and that the presence of two (2) ordinary mitigating
circumstances have been duly alleged and proven? Explain. (3%)
(2019)

x--------------------------------x
(Nothing follows)