Penalties Time included

in the penalty
in its entirety
Time included
in its minimum
period
Time included
in its medium
period
Time included
in its
maximum
Reclusion
temporal
From 12 years and
1 day to 20 years.
From 12 years and
1 day to 14 years
and 8 months.
From 14 years, 8
months and 1 day
to 17 years and 4
months.
From 17 years, 4
months and 1 day
to 20 years.
Prision mayor,
absolute
disqualification
and special
temporary
disqualification
From 6 years and 1
day to 12 years.
From 6 years and 1
day to 8 years.
From 8 years and 1
day to 10 years.
From 10 years and
1 day to 12 years.
Prision
correccional,
suspension and
destierro
From 6 months and
1 day to 6 years.
From 6 months and
1 day to 2 years
and 4 months.
From 2 years, 4
months and 1 day
to 4 years and 2
months.
From 4 years, 2
months and 1 day
to 6 years.
Arresto mayor From 1 month and
1 day to months.
From 1 to 2
months.
From 2 months and
1 day to 4 months.
From 4 months and
1 day to 6 months.
Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20
days.
From 21 to 30
days.
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES
AND THE TIME INCLUDED IN EACH OF THEIR PERIODS

If offense is punished by the
RPC
If offense is punished by a
special law
MAXIMUM term: maximum penalty
imposable after taking attending
circumstances into account
MAXIMUM term: shall not exceed the
maximum term prescribed by the
special law
MINIMUM term: range of penalty next
lower to penalty prescribed
MINIMUM term: shall not be less than
the minimum term prescribed by the
special law

RECALL distinctions: (1) Penalty PRESCRIBED (by RPC or special law)
(2) Penalty IMPOSABLE (after taking circumstances into account)
(3) Penalty IMPOSED (after applying all rules under RPC and the
Indeterminate Sentence Law)

Formula for easy reference:
Offense
RPC
= Min

(next lower to prescribed) to Max (imposable)
Offense
SPECIAL
= Min (at least that prescribed) to Max (not exceed prescribed)

Indeterminate penalty when neither mitigating circumstance nor
aggravating circumstance attended the commission of the crime.
CRIME, circumstances, and
penalty prescribed
Application of the IS Law
1. Homicide (Art. 249):
reclusion temporal
2. No MC or AC
1. Maximum term: reclusion temporal
medium
2. Minimum term: prision mayor
CRIME, circumstances, and
penalty prescribed
Application of the IS Law
1. Falsification of official
document by a public officer:
Prision mayor
2. No MC or AC
1. Maximum term: prision mayor
medium
2. Minimum term: prision
correccional
Indeterminate penalty, when there is one ordinary mitigating
circumstance.
CRIME, circumstances, and
penalty prescribed
Application of the IS Law
1. Homicide (Art. 249): reclusion
temporal
2. Mitigating circumstance of
voluntary surrender, No AC
1. Maximum term: reclusion temporal
minimum
2. Minimum term: prision mayor
CRIME, circumstances, and
penalty prescribed
Application of the IS Law
1. Falsification of official
document: prision mayor
2. Mitigating circumstance of plea
of guilt, No AC
1. Maximum term: prision mayor
minimum
2. Minimum term: prision correccional
Indeterminate penalty, when there is only an aggravating
circumstance
CRIME, circumstances, and penalty
prescribed
Application of the IS Law
1. Homicide (Art. 249): reclusion
temporal
2. Aggravating circumstance of
recidivism, No MC
1. Maximum term: reclusion temporal
maximum
2. Minimum term: prision mayor
CRIME, circumstances, and penalty
prescribed
Application of the IS Law
1. Falsification of an official
document by a public officer:
prision mayor
2. One aggravating circumstance,
No MC
1. Maximum term: prision mayor
maximum
2. Minimum term: prision correccional
Indeterminate penalty, when there are mitigating and aggravating
circumstances
CRIME, circumstances, and
penalty prescribed
Application of the IS Law
1. Homicide (Art. 249): reclusion
temporal
2. Aggravating circumstance of
nighttime
3. Mitigating circumstances of
voluntary surrender and plea of
guilt
4. OFFSETTING the MCs with the
AC would yield one MC
1. Maximum term: reclusion temporal
minimum
2. Minimum term: prision mayor

(same procedure if there is one MC and
no AC)
Indeterminate penalty, when there are mitigating and aggravating
circumstances
CRIME, circumstances, and
penalty prescribed
Application of the IS Law
1. Falsification of official
document by a public officer:
prision mayor
2. Aggravating circumstance of
recidivism
3. Mitigating circumstance of plea
of guilt
4. OFFSET the MC with the AC
1. Maximum term: prision mayor
medium
2. Minimum term: prision correccional


(same procedure No AC, No MC)

Indeterminate penalty, when the crime committed is complex under
Art. 48
CRIME, circumstances, and penalty
prescribed
Application of the IS Law
1. Complex crime of frustrated
homicide with assault upon an
agent of a person in authority
(Arts. 249, 6, 148, and 48)
Penalty for frustrated
homicide: (one degree lower
from reclusion temporal) prision
mayor
Penalty for assault: prision
correccional in its medium and
maximum periods
Penalty for the complex crime:
PRISION MAYOR (penalty for the
graver offense)
2. No MCs or Acs
1. Maximum term: prision mayor
maximum
2. Minimum term: prision correccional
EXCEPTION IN DERIVING MINIMUM PERIOD:


WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do
NOT follow the aforementioned rule. Consider the privileged
mitigating circumstance FIRST before any AC or MC to get the
PENALTY PRESCRIBED and then proceed as required by the rule
on deriving the minimum term. Otherwise, the maximum of
the IS Law will end up being lower than the minimum of the IS
Law.

To illustrate, note the following comparisons:
CRIME, circumstances, and penalty
prescribed
Following the regular procedure
for deriving the minimum and
maximum term
Applying the Exception with
respect to the minimum term
1. Homicide (Art. 249): reclusion
temporal
2. Committed by a person 9-15 years
old with discernment (Art. 68
mandates that the penalty to be
imposed should be two degrees
lower than the penalty prescribed)
3. No other mitigating or
aggravating circumstance
1. For MAXIMUM term: Ordinarily,
reclusion temporal medium.
However: given the
privileged mitigating
circumstance, the penalty 2
degrees lower is prision
correccional

2. For MINIMUM term: prision
mayor medium

3. The absurd result of the
application:
The penalty IMPOSABLE is
within the Maximum term of
PRISION CORRECCIONAL and
the Minimum term of PRISION
MAYOR MEDIUM.
1. For MAXIMUM term, take the
privileged mitigating
circumstance into account:
prision correccional

2. For MINIMUM term, get the
NEW penalty prescribed first
by applying the privileged
mitigating circumstance
(prision correccional medium).

3. Then get the penalty one
degree lower from the NEW
penalty prescribed: arresto
mayor medium
The penalty IMPOSABLE is
within the Maximum term of
PRISION CORRECCIONAL and
the Minimum term of ARRESTO
MAYOR MEDIUM.
NOTE: this solution is
permitted because the ISL is
predicated on ordinary
mitigating and generic
aggravating circumstances only.

Procedure when the crime is punished by a special law

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


Example: For the crime of illegal possession of firearms, not
used for rebellion or sedition, the IS Law range is anywhere
between 1-5 years.