Documente Academic
Documente Profesional
Documente Cultură
5, 1933
- Instead of imposing a “straight” penalty, the court must determine two penalties (maximum and
minimum)
I. PURPOSE
To uplift and redeem valuable human material, and prevent unnecessary and excessive
deprivation of liberty and economic usefulness. Penalties shall not be standardized but fitted as
far as is possible to the individual, with due regard to the imperative necessity of protecting the
social order (People v. Ducosin, 59 Phil 109).
II. COVERAGE
A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts
III. APPLICATION
1. Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary
mitigating circumstances (MC) under Art. 64 and for complex crimes under Art. 48
2. Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed
by the RPC, without regard to its three periods. The court has discretion to fix as the minimum
term any period of imprisonment within that penalty next lower to the penalty prescribed
B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty
prescribed by the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum
prescribed by the special law