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CRIMES RELATIVE TO OPIUM AND OTHER robbery or theft is considered a “fence” and incurs criminal liability
PROHIBITED DRUGS for “fencing” under said decree. The penalty is higher than that of a
mere accessory to the crime of robbery or theft.
7. Cultivation of plants which are sources of prohibited drugs; 2. If principal committed robbery by snatching a wristwatch and
gave it to his wife to sell, is the wife criminally liable? Can she be
8. Failure to comply with the provisions of the Act relative to the prosecuted as an accessory and as a fence?
keeping of records of prescriptions, sales, purchases,
acquisitions and/or deliveries of prohibited drugs;
9. Unlawful prescription of prohibited drugs; The liability of the wife is based on her assisting the principal to
profit and that act is punishable as fencing. She will no longer be
10. Unnecessary prescription of prohibited drugs; liable as an accessory to the crime of robbery.
If the accused was granted parole and violated some (More examples)
conditions of the parole, What will happen?
1 mitigating but NO aggravating
A warrant of arrest will be issued by the court and the accused will maximum penalty: reclusion temporal in the minimum period
be made to serve the rest of the remaining or unexpired portion of minimum penalty: prision mayor in any period
his sentence. (But in probation you go back to number 1, serving of
sentence will be from the beginning) 2 mitigating, NO aggravating (privileged mitigating)
maximum penalty: prision mayor in the medium period
minimum penalty: prision correctional any period
Application of ISLAW:
The preceding example is an exception to the rule. If there is a
How to get maximum and minimum penalty in Special Law: privileged mitigating circumstance, we take it into account first in
1. The maximum penalty should NOT exceed the maximum order to obtain the proper maximum penalty. Then, from that
provided for by that law. maximum penalty, we obtain the proper minimum penalty by
2. The minimum penalty should NOT fall below the minimum getting the penalty 1 degree lower. Same rule applies as to the
provided by the law. period of the minimum penalty.
Important: If your maximum penalty is wrong, it follows that the How is Indeterminate Sentence Law applied in complex
minimum penalty will also be wrong. crimes (Article 48)?
A complex crime is punished by the most serious offense and shall
Again, prision mayor is a divisible penalty. Which period can it be be imposed in its maximum period.
placed?
Under the Indeterminate Sentence Law, it would depend upon the Example: Estafa through falsification of public documents.
discretion of the court on which period to place it. Thus, the
minimum penalty is prision mayor in any of its period.
Under the Revised Penal Code, falsification of public documents
(Article 171) is a more serious offense punished by prision mayor
Factors that could affect the imposition of minimum penalty: than estafa (Article 315), punished only by prision correctional.
1. Age
2. Conduct during trial
3. Mental or physical condition
Thus, applying the Indeterminate Sentence Law, the maximum
Suppose in the example above, 1 aggravating circumstance was penalty for estafa through falsification of public documents shall be
prision mayor in the maximum period. Minimum penalty shall be
prision correctional, any period.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period