Zafra vs People (July 23, 2014)

To get the indeterminate sentence for Malversation of Public Funds through Falsification of Public
Documents
Apply Article 48 of the RPC: penalty for each count is that prescribed on more serious offense to be
imposed in its maximum period;
Malversation is punished under ART. 217
Falsification is punished under ART. 171: provides for prision mayor [6 yrs and 1 day to 12 yrs] and fine
not not exceeding P5K.
Indeterminate Sentence
o Maximum Term: get the maximum penalty for each count

Amounts Penalty Total Duration Minimum Medium Maximum

Misappropriated Prescribed Period Period Period
Not exceeding Prision 2 yrs, 4 mos, 2 yrs, 4 mos, 3 yrs, 6 mos, 4 yrs, 9 mos, 11
200.00 correccional 1 day 1 day 21 days to 4 days
[in its medium to 6 yrs to 3 yrs, 6 yrs, 9 mos, 10 to 6 years.
and mos, 20 days days
maximum
periods]
More than 200 Prision mayor 6 yrs, 1 day 6 yrs, 1 day 7 yrs, 4 mos, 8 yrs, 8 mos,
pesos but not [in its minimum to 10 yrs to 7 yrs, 4 1 day 1 day
exceeding and medium mos to 8 yrs, 8 to 10 yrs
6,000.00 periods] mos
More than Prision mayor 10 yrs, 1 day 10 yrs, 1 day 11 yrs, 6 mos, 13 yrs, 1 mo, 11
6,000.00 but [in its maximum to 14 yrs, 8 mos to 11 yrs, 6 21 days to 13 days
less than period] to mos, 20 days yrs, 1 mo, 10 to 14 yrs, 8 mos
12,000.00 reclusion days
temporal [in its
minimum period]
More than Reclusion 14 yrs, 8 mos, 14 yrs, 8 mos, 16 yrs, 5 mos, 18 yrs, 2 mos,
12,000.00 temporal 1 day 1 day 11 days 21 days
but less than [ in its medium to 20 yrs to 16 yrs, 5 to 18 yrs, 2 to 20 years
and mos, 10 days mos, 20 days
maximum
periods]
More than Reclusion 17 yrs, 4 mos, 17 yrs, 4 mos, 18 yrs, 8 mos, Reclusion
22,000.00 temporal 1 day 1 day 1 day perpetua
[in its maximum to reclusion to 18 yrs, 8 to 20 yrs
period] to perpetua mos
reclusion
perpetua

o Minimum Term: get penalty next lower than that prescribed under Article 217 of the
Revised Penal Code

Penalty prescribed Penalty next Range of minimum term

under Art. 217 lower in degree
Prision correccional Arresto mayor in 4 months and 1 day to 2 years and
In its medium and its maximum 4 months
maximum periods period to prision
correccional in
 its minimum
period
Prision mayor in its Prision 2 years, 4 months and 1 day to 6
minimum and medium correccional in years
period its medium and
maximum
periods
Prision mayor in its Prision mayor in 6 years and 1 day to 10 years
maximum period to its minimum and
reclusion temporal in medium periods
its minimum period
Reclusion temporal in Prision mayor in 10 years and 1 day to 14 years and
its medium and its maximum 8 months
maximum periods. period to
reclusion
tempor al in its
minimum period
Reclusion temporal in
its maximum period to
reclusion perpetua
Penalty prescribed Penalty next Range of minimum term
under Art. 171 lower in degree
Prision mayor Prision 6 months and 1 day to 6 years
correccional