Criminal Law I

Michael L Almero, CPA

January 5, 2024
PenaltiesAssuming Pedro was already been
convicted and the decision has been final.
He was serving his sentence. However,
because of RA 10951 (adjusted duration of
penalties and the amount of the fines).
While serving sentence, Pedro move the
trial court and request for the opening of the
case. Note: conviction has already been
final. Can he do that? What will justify the
motion of reopening his case?
appellate court, it reduced to attempted
homicide and remanded to the trial court.
Can pedro now applied for probation
assuming the reduction of penalty?
Answer:
Yes. He can file for probation even if he
previously perfected an appeal. he appealed
on a case that is not probationable. When he
appealed and the penalty is now attempted
and the appellate court remanded to trial
court, thus the crime is probationable. This
is a totally new crime.

Answer: question 2
OCJ: it can be done. even if the decision has During arraignment, nag enter ang client
already been made imposing the duration of ang guilty to a lesser offense. assuming the
penalty and amount of the fine. by virtue of imposable penalty for the crime committed
RA 10951 especially if his crime has been is prison correctional what would be your
decriminalized, shortened or abolished. It advice to your client so that your client can
benefits the accused, will be given plea bargain for lesser offense.
retroactive effect. Doctrine of Pro Reo.
Answer:
Question for Group 2 RA 11362 - render community service
3440 - ISLAW - three fold rule (read this)
Possible topics for exam:
Assuming there was a robbery, one of the 1. aggravating
victims died as a consequence of robbery. it 2. alternative
took place while the robbery happened. 3. participation
Another person did not die but it was 4. probation
frustration homicide / murder. 5. complex crime
6. gcta
Special complex crime - it already include
multiple deaths. one crime only. 7. ISLAW

QuestionWill you consider GCTA under

preventive imprisonment?

Answer: The new rule. There is also GCTA

under preventive detention.
PENALTIES
ISLAW study this
Indivisible Divisible
X 3 periods (minimum,
Question for Group 3Probation medium and maximum)
Pedro already perfected an appeal, from trial Reclusion perpetua to death Reclusion temporal to lower
court to appellate court, convicted for Mitigating
Ordinary
frustrated homicide which is non Privileged (lower by one
probationable. however, on appeal on the degree)
Criminal Law I
Michael L Almero, CPA
- why? Because once the convict has served the
Aggravating minimum sentence the convict will now be eligible to
Generic
parole.
Qualifying
Inherent
Specific Certain conditions must be met during the Parole
Special period.

OM and GA can be offset. ISLAW vs Probation

Other than generic
aggravating, others are not ISLAW Probation
used for offsetting Parole Probation
The convict will go to jail The convict will have to
Single Vs Indivisible Penalties to serve the remaining serve the original
sentence if the convict sentence if the convict
Single Indivisible Penalty violates the condition of violates the condition of
- Reclusion perpetua or death parole probation
- No offsetting For example, if the
- No appreciation of ordinary mitigating and generic convict has been in
aggravating except if there is a privileged mitigating to probation for two years
reduce one or two degrees lower then apply any and violated the
ordinary mitigating if the penalty becomes divisible condition of probation,
what will happen to the
Two Indivisible Penalties 2 yrs? it will not be
Reclusion perpetua (lesser penalty) TO death (greater credited.
penalty)
Term in Indeterminate Sentence Law
Mitigating Aggravating Penalty
O O Lesser penalty Get the maximum term and minimum term.
1 O Lesser penalty
O 1 Greater penalty To get the maximum term apply the divisible
2 2 Offset. Lesser penalty penalties. In view of the attending circumstances. In
3 1 Offset. Lesser penalty other words, apply the ordinary mitigating and
1 2 Offset. Greater penalty aggravating circumstances.

Divisible Penalties Mitigating Aggravating Penalty

(minimum – medium – maximum) O O Medium
1 O Minimum
Mitigating Aggravating Penalty 2 or more O 1 degree lower
O O Medium O 1 Maximum
1 O Minimum O 2 or more Still maximum
2 or more O 1 degree lower 3 1 Minimum
O 1 Maximum 2 2 Medium
O 2 or more Still maximum 2 3 Maximum
3 1 Minimum
2 2 Medium To get the minimum term, it will always be one degree
2 3 Maximum lower than the maximum term. The period is constant.
Per RPC, the period of which is upon the discretion of
Indeterminate Sentence Law the court.
- this favorable to the convict
- the court is mandated to imposed minimum and
maximum term of the indeterminate sentence
whether under the revised penal code or special penal
laws.