Professional Documents
Culture Documents
The crime can be punished under special laws and the RPC
Special Laws
The court shall sentence the accused to an indeterminate sentence, the MAXIMUM
TERM of which shall not exceed the maximum fixed by said law and the minimum
shall not be less than the MINIMUM TERM prescribed by the same. There are no
penalty grades
RPC
The court shall sentence the accused to an indeterminate sentence the
MAXIMUM TERM in view of the attending circumstances which could be properly
imposed under the Code, and the MINIMUM TERM which shall be within the range of
the penalty next lower in degree to that prescribed by the Code for the offense. In
determining the minimum term it is left upon the discretion of the court within the
penalty next lower.
For example:
The court has imposed ARRESTO MAYOR as minimum term which has a period of 2
mos 1 day to 6 mos.
The court may impose 6 mos of imprisonment as a minimum even if there is no
aggravating circumstance.
The court for the same reason may impose 2 mos and 1 day as minimum even if
there is no mitigating circumstance. It being upon the discretion of the court
RPC
Basic Guideline in determining sentence
Art. 64 Outline of Rules:
No AC and MC - medium period
Only a mitigating - minimum period
Only an aggravating - maximum period
2 mitigating - impose penalty next lower
Many aggravating - maximum of the penalty imposed
Example
A is convicted of falsification of official document which is penalized by prision
mayor with the mitigating circumstance of voluntary surrender
Disregard first the mitigating circumstance. Hence the penalty is Prision Mayor
medium this should be the basis of the maximum term and it only becomes PM
minimum because of the mitigating circumstance Voluntary Surrender
Final sentence: Maximum Term = PM min
Minimum Term = PC in any of its periods since it the penalty next lower.
age
general health
mentality heredity and personal habits
previous conduct
morals and previous education
usefulness or injury to the society
manner and circumstance in which the crime was committed
gravity of the offense
5. Those who having been granted conditional pardon by the President who shall
have violated the terms thereof.
6. Those whose maximum period of imprisonment does not exceed one year.
7. Those already serving final judgment upon the approval of this Act (December
5, 1933).
8. Those sentenced to the penalty of destierro or suspension.
9. Those whose maximum term of imprisonment does not exceed 1 year
Whenever any prisoner shall have served his minimum term he shall appear
before the board of indeterminate sentence for evaluation and shall release in
accordance to the conditions prescribed by the board
Whenever a prisoner is released on parole he shall be in surveillance and when
he violates any of the conditions, the Board may issue for his arrest and he shall
continue to serve the unexpired portion of his maximum sentence.
Even if a prisoner has served his minimum but is not fitted for release he shall
continue to serve until the end of his maximum sentence