1.

Determine the crime committed and the penalty

imposable.
2. Fix the proper degree by applying the provisions of Art.
64 par.5 (2+ MC, no AC), Art. 68 (Minority) & 69 (Inc.
self defense) then LOWER the penalty by degree/s
3. Fix the MINIMUM penalty by lowering the penalty by ONE
DEGREE from the penalty imposable from the offense
committed or from the proper degree if Art. 64 (5), Art
68 & 69 is applicable without any reference to any
period. The judge has the discretion to fix the
minimum in any period of the MINIMUM penalty.
4. Fix the MAXIMUM penalty by going to the penalty
imposable or proper degree and look for remaining MC
or AC if any, and apply them. Fix the proper period by
applying Art. 64. This is the MAXIMUM of the
indeterminate sentence.
 STEPS
1. Crime and
 Case # 1: A killed B. penalty
1. Crime: HOMICIDE 2. Lower penalty
Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Not applicable! 1deg: >15<18
1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE aggression only
One degree lower = PRISION MAYOR 2 degs: unlawful
aggression + any
4. MAXIMUM INDETERMINATE SENTENCE
other 2
No MC, No AC = RECLUSION TEMPORAL, MEDIUM
remaining
IS: PRISION MAYOR IN ANY OF ITS PERIODS AS THE elements
MINIMUM PENALTY to RECLUSION TEMPORAL IN ITS 3. MINIMUM = one
MEDIUM PERIOD AS THE MAXIMUM PENALTY. degree lower
Death
from imposed
Rec. Perpetua
Rec Temporal MINIMUM MEDIUM MAXIMUM
penalty
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y 4. MAXIMUM =
Prision mayor MINIMUM MEDIUM MAXIMUM imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y
penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y remaining AC or
Arresto Mayor MINIMUM MEDIUM MAXIMUM MC
 STEPS
 Case # 2: A killed B. B voluntarily surrendered. 1. Crime and
penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 2. Lower penalty
by:
2. Not applicable! 1deg:2+ MC, no AC
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE 1deg: unlawful
One degree lower = PRISION MAYOR aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE
aggression + any
One MC (Voluntary surrender), No AC = RECLUSION
other 2
TEMPORAL, MINIMUM
remaining
IS: PRISION MAYOR IN ANY OF ITS PERIODS AS THE elements
MINIMUM PENALTY to RECLUSION TEMPORAL IN ITS 3. MINIMUM = one
MINIMUM
Death PERIOD AS THE MAXIMUM PENALTY. degree lower
from imposed
Rec. Perpetua
Rec Temporal MINIMUM MEDIUM MAXIMUM
penalty
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y 4. MAXIMUM =
Prision mayor MINIMUM MEDIUM MAXIMUM imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y
penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y remaining AC or
Arresto Mayor MINIMUM MEDIUM MAXIMUM MC
 STEPS
1. Crime and
 Case # 3: A killed B. A was a recidivist. penalty
2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Not applicable!
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE 1deg: unlawful
One degree lower = PRISION MAYOR aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE aggression + any
No MC, One AC (recidivism) = RECLUSION TEMPORAL, other 2
MAXIMUM PERIOD remaining
elements
IS: PRISION MAYOR IN ANY OF ITS PERIODS AS THE 3. MINIMUM = one
MINIMUM PENALTY to RECLUSION TEMPORAL IN ITS degree lower
MAXIMUM
Death PERIOD AS THE MAXIMUM PENALTY. from imposed
Rec. Perpetua penalty
Rec Temporal MINIMUM MEDIUM MAXIMUM 4. MAXIMUM =
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM remaining AC or
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
MC
Arresto Mayor MINIMUM MEDIUM MAXIMUM
 STEPS
1. Crime and
 Case # 4: A killed B. A was a long-time recidivist. penalty
voluntarily surrendered and pleaded guilty. 2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Not applicable!
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE 1deg: unlawful
One degree lower = PRISION MAYOR aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE aggression + any
Two MC, One AC = One MC other 2
Maximum IS = RECLUSION TEMPORAL, MINIMUM TERM remaining
elements
IS: PRISION MAYOR IN ANY OF ITS PERIODS AS THE 3. MINIMUM = one
MINIMUM PENALTY to RECLUSION TEMPORAL IN ITS degree lower
MINIMUM
Death PERIOD AS THE MAXIMUM PENALTY. from imposed
Rec. Perpetua penalty
Rec Temporal MINIMUM MEDIUM MAXIMUM 4. MAXIMUM =
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM remaining AC or
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
MC
Arresto Mayor MINIMUM MEDIUM MAXIMUM
 STEPS
1. Crime and
 Case # 5: A killed B. Ax voluntarily surrendered and penalty
pleaded guilty.
2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Two MC (voluntary surrender & plea of guilt)
Penalty = one degree lower = PRISION MAYOR
1deg: >15<18
1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE aggression only
One degree lower = PRISION CORRECCIONAL 2 degs: unlawful
aggression + any
4. MAXIMUM INDETERMINATE SENTENCE other 2
No MC, No AC remaining
Maximum IS = PRISION MAYOR, MEDIUM TERM elements
3. MINIMUM = one
IS: PRISION CORRECCIONAL IN ANY OF ITS PERIODS AS degree lower
THE
DeathMINIMUM PENALTY TO PRISION MAYOR IN ITS from imposed
MEDIUM PERIOD AS THE MAXIMUM PENALTY.
Rec. Perpetua penalty
Rec Temporal MINIMUM MEDIUM MAXIMUM 4. MAXIMUM =
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM remaining AC or
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
MC
Arresto Mayor MINIMUM MEDIUM MAXIMUM
 STEPS
1. Crime and
 Case # 6: A when he was 17 y/o killed B with penalty
discernment. Rolex voluntarily surrendered.
2. Lower penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL by:
1deg:2+ MC, no AC
2. Minority: 17 y/o with discernment (RA9344)
Penalty = one degree lower = PRISION MAYOR
1deg: >15<18
1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE aggression only
One degree lower = PRISION CORRECCIONAL 2 degs: unlawful
aggression + any
4. MAXIMUM INDETERMINATE SENTENCE other 2
One MC (Voluntary surrender), No AC remaining
Maximum IS = PRISION MAYOR, MINIMUM TERM elements
3. MINIMUM = one
IS: PRISION CORRECCIONAL IN ANY OF ITS PERIODS AS degree lower
THE
DeathMINIMUM PENALTY to PRISION MAYOR IN ITS from imposed
MINIMUM PERIOD AS THE MAXIMUM PENALTY
Rec. Perpetua penalty
Rec Temporal MINIMUM MEDIUM MAXIMUM 4. MAXIMUM =
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y
Prision mayor MINIMUM MEDIUM MAXIMUM
imposable
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y penalty, apply
Prision Corec MINIMUM MEDIUM MAXIMUM remaining AC or
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
MC
Arresto Mayor MINIMUM MEDIUM MAXIMUM
Privilege MC, Complex Crime, Ordinary MC
STEPS
 Case # 7: A when he was 17 y/o robbed and killed B 1. Crime and
with discernment. Rolex voluntarily surrendered.
penalty
1. Crime: ROBBERY w/ HOMICIDE
Penalty: RECLUSION TEMPORAL
2. Lower penalty
by:
2. Minority: 17 y/o with discernment (RA9344) 1deg:2+ MC, no AC
Penalty = one degree lower = PRISION MAYOR 1deg: >15<18
1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE aggression only
One degree lower = PRISION CORRECCIONAL 2 degs: unlawful
aggression +
4. MAXIMUM INDETERMINATE SENTENCE
Imposable penalty for complex crime: PRISION MAYOR, MAX
any other 2
One MC (Voluntary surrender), No AC remaining
Maximum IS = PRISION MAYOR, MAX at ITS Minimum range elements
3. MINIMUM = one
degree lower
Death from imposed
Rec. Perpetua
penalty
Rec Temporal MINIMUM MEDIUM MAXIMUM
4. MAXIMUM =
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y imposable
Prision mayor MINIMUM MEDIUM MAXIMUM penalty, apply
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y remaining AC or
Prision Corec MINIMUM MEDIUM MAXIMUM MC
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
Arresto Mayor MINIMUM MEDIUM MAXIMUM
 Case # 8: A was found guilty of murder upon a plea of guilty. Sentence
IS suspended since he was 16 y/o but HE was incorrigible. He was
STEPS
returned to the Court for the imposition of the proper penalty. The 1. Crime and
court imposed an IP from 5y of PC as MINIMUM to 10y, 1d of PM as the penalty
MAXIMUM. Correct? 2. Lower penalty
1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248) by:
2. Minority: 17 y/o with discernment (RA9344) 1deg:2+ MC, no AC
Penalty = one degree lower = PRISION MAYOR, Max to RT, Med (Art. 1deg: >15<18
61, par.3) 1deg: unlawful
3. MINIMUM INDETERMINATE SENTENCE: PC, Max to PM, Med aggression only
2 degs: unlawful
4. MAXIMUM INDETERMINATE SENTENCE
aggression +
One MC (Plea of guilty), No AC
Maximum IS = PRISION MAYOR, MAX any other 2
remaining
Death elements
Rec. Perpetua Step 1 3. MINIMUM = one
Rec. Temporal, MAX: 17y, 4m, 1d to 20y degree lower
from imposed
Rec. Temporal, MED: 14y, 8m, 1d to 17y, 4m penalty
Rec. Temporal, MIN: 12y, 1d to 14y, 8m Step 2 4. MAXIMUM =
Prision mayor, MAX: 10y, 1d to 12y Step 4 imposable
penalty, apply
Prision mayor, MED: 8y, 1d to 10y remaining AC or
Prision mayor, MIN: 6y, 1d to 8y Step 3 MC
Prision Corec, Max: 4y, 2m, 1d to 6y
 Case # 9: A killed B with treachery. He was found guilty of STEPS
murder. MCs of plea of guilty and voluntary surrender. 1. Crime and
penalty
1. Crime: MURDER Penalty: REC. TEMPORAL, Max to DEATH (Art.248) 2. Lower penalty
2. 2 MC (Voluntary surrender & Plea of guilty) by:
Penalty = PRISION MAYOR, Max to RT, Med (Art. 61, par.3) 1deg:2+ MC, no AC
1deg: >15<18
3. MINIMUM INDETERMINATE PENALTY : PC, Max to PM, Med
1deg: unlawful
4. MAXIMUM INDETERMINATE PENALTY aggression only
No MC, No AC 2 degs: unlawful
Maximum IP = RT MIN
aggression +
any other 2
remaining
Death elements
Rec. Perpetua Step 1 3. MINIMUM = one
Rec. Temporal, MAX: 17y, 4m, 1d to 20y degree lower
from imposed
Rec. Temporal, MED: 14y, 10m, 21d to 17y, 4m penalty
Rec. Temporal, MIN: 12y, 5m,11d to 14y, 10m,20d Step
Step4,2,MAX
Penalty 4. MAXIMUM =
Prision mayor, MAX: 10y, 1d to 12y,5m,10d imposable
penalty, apply
Prision mayor, MED: 8y, 1d to 10y remaining AC or
Prision mayor, MIN: 6y, 1d to 8y Step 3, MIN IP MC
Prision Corec, Max: 4y, 2m, 1d to 6y
 Case # 10: People vs. Jaurigue. The woman stabbed the STEPS
man when he placed his hand on the woman’s thigh. 1. Crime and
penalty
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 2. Lower penalty
2. Incomplete defense: unlawful aggression & lack of suff. provocation by:
Penalty = two degrees lower = PRISION CORRECCIONAL 1deg:2+ MC, no AC
1deg: >15<18
3. MINIMUM INDETERMINATE SENTENCE: ARRESTO MAYOR
Under Pp. vs. Jaurigue = ARRESTO MAYOR, MEDIUM 1deg: unlawful
aggression only
4. MAXIMUM INDETERMINATE SENTENCE 2 degs: unlawful
No MC, No AC
aggression +
Maximum IS = PRISION CORRECCIONAL, MEDIUM
any other 2
remaining
elements
Death
3. MINIMUM = one
degree lower
Rec. Perpetua
from imposed
Rec Temporal MINIMUM MEDIUM MAXIMUM
12y, 1d to 20 y 12y, 1d to 14y, 8m 14y, 8m, 1d to 17y, 4m 17y, 4m, 1d to 20y penalty
Prision mayor MINIMUM MEDIUM MAXIMUM 4. MAXIMUM =
6 y, 1d to 12 years 6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y imposable
Prision Corec MINIMUM MEDIUM MAXIMUM penalty, apply
6 m, 1d to 6 years 6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
remaining AC or
Arresto Mayor MINIMUM MEDIUM MAXIMUM
1 m, 1d to 6 m 1m, 1d to 2m 2m, 1d to 4m 4m, 1d to 6m MC
 Case # 11: People vs. Nicolas. A killed B in self-defense. STEPS
There was unlawful aggression by B and no sufficient 1. Crime and
provocation from A. But the means employed by A to defend penalty
himself was not reasonable. A acted w/ obfuscation and 2. Lower penalty
after killing B, surrendered himself. by:
1. Crime: HOMICIDE Penalty: RECLUSION TEMPORAL 1deg:2+ MC, no AC
2. Incomplete defense: unlawful aggression & lack of suff. 1deg: >15<18
provocation 1deg: unlawful
Two degrees lower = PRISION CORRECCIONAL aggression only
2 degs: unlawful
2 MC (Obfuscation & Voluntary surrender) aggression +
Still One degree lower? = ARRESTO MAYOR any other 2
remaining
ISL = not applicable since the range of Arresto Mayor is only
elements
from 1 month, 1 day to 6 months which is BELOW 1 year.
3. MINIMUM = one
degree lower
from imposed
penalty
Rec Temporal
Step 1 4. MAXIMUM =
12y, 1d to 20 y
imposable
Prision mayor
6 y, 1d to 12 years penalty, apply
Prision Corec remaining AC or
Step 2 (Art. 59)
6 m, 1d to 6 years MC
Arresto Mayor Step 2 (Art. 54 (5))
1 m, 1d to 6 m
 Case # 12 others: People vs. De Lara. A pleaded guilty to STEPS
the charge of robbery in an inhabited place defined and 1. Crime and
penalized under Art 299. The value taken did not exceed penalty
P250. 2. Lower penalty
1. Crime: Robbery in an inhabited place. by:
Penalty: RECLUSION TEMPORAL (Art.299)
1deg:2+ MC, no AC
2. Stolen items less than P250 1deg: >15<18
One degree lower = PRISION MAYOR, Minimum (Art. 299) 1deg: unlawful
aggression only
3. MINIMUM IP: PRISION CORRECCIONAL
2 degs: unlawful
4. MAXIMUM INDETERMINATE PENALTY
aggression +
Divide Prision Mayor, Minimum into 3 periods any other 2
Maximum IP = PRISION MAYOR, MINIMUM in its MEDIUM period remaining
6y, 8m, 1d to 7y, 4m elements
IP: PRISION CORRECCIONAL IN ANY OF ITS PERIODS AS THE MINIMUM 3. MINIMUM = one
PENALTY TO PRISION MAYOR MINIMUM IN ITS MINIMUM TERM AS degree lower
THE MAXIMUM PENALTY from imposed
SC RULING: FOUR (4) years and TWO (2) days of prision correccional, as penalty
minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as maximum. 4. MAXIMUM =
Rec Temporal Step 1 imposable
12y, 1d to 20 y
MINIMUM MEDIUM MAXIMUM penalty, apply
Prision mayor 6m, 1d to 2y, 4m MINIMUM 4y, 2m, Step
6 y, 1d to 12 years
2y, 4m, 1d to 4y, 2m
6y, 1d to 8y 2
1d to 6y
remaining AC or
Prision Corec MC
6 m, 1d to 6 years Step 3
 Case # 12 others: People vs. De Lara. A pleaded guilty to STEPS
the charge of robbery in an inhabited place defined and 1. Crime and
penalized under Art 299. The value taken did not exceed penalty
P250. 2. Lower penalty
OBSERVATIONS ABOUT THE RULING OF THE CASE: by:
Based on our procedure: 1deg:2+ MC, no AC
IP: Prision Correccional as minimum to Prision Mayor, Minimum in its 1deg: >15<18
medium period as maximum 1deg: unlawful
aggression only
SC RULING: 2 degs: unlawful
IP: FOUR (4) years and TWO (2) days of prision correccional, as aggression +
minimum, to EIGHT (8) years and ONE (1) day of prision mayor, as any other 2
maximum. remaining
elements
Note: SC disregarded that fact that the maximum penalty be
implemented at MINIMUM period as provided for by Art. 299. 3. MINIMUM = one
degree lower
One case of inconsistencies of SC rulings in imposing ISL. from imposed
penalty
4. MAXIMUM =
Rec Temporal imposable
12y, 1d to 20 y penalty, apply
Prision mayor MINIMUM remaining AC or
6 y, 1d to 12 years 6y, 1d to 8y
MC
Prision Corec
6 m, 1d to 6 years
 Case # 13: A was guilty of a complex crime of STEPS
frustrated homicide with assault upon an agent of 1. Crime and
person in authority. penalty
2. Lower penalty
1. Crime: FRUSTRATED HOMICIDE with ASSAULT (Complex crime) by:
1deg:2+ MC, no AC
Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1degree lower)
ASSAULT : PC, MED to MAX PERIOD
1deg: >15<18
1deg: unlawful
Penalty to be considered: PRISION MAYOR (Higher) aggression only
2 degs: unlawful
2. Not applicable! aggression +
3. MINIMUM IP: PRISION CORRECCIONAL any other 2
remaining
4. MAXIMUM INDETERMINATE PENALTY
elements
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48)
IP: Prision correccional in any of its periods as the minimum penalty to
3. MINIMUM = one
prision mayor in its maxium period as the maxium penalty degree lower
from imposed
Rec Temporal penalty
12y, 1d to 20 y 4. MAXIMUM =
Prision mayor imposable
6 y, 1d to 12 years Step 1
MINIMUM MEDIUM MAXIMUM
penalty, apply
6y, 1d to 8y 8y, 1d to 10y 10y, 1d to 12y Step 4 remaining AC or
Prision Corec MC
6 m, 1d to 6 years Step 3
 Case # 14: A 25, attempted to kill his uncle, B, 76. STEPS
1. Crime and
penalty
2. Lower penalty
1. Crime: ATT HOMICIDE Penalty: PRISION CORRECCIONAL by:
(2 degrees lower penalty for homicide) 1deg:2+ MC, no AC
Art.282 (1) 1deg: >15<18
2. Not applicable! 1deg: unlawful
aggression only
3. MINIMUM IP: ARRESTO MAYOR 2 degs: unlawful
4. MAXIMUM INDETERMINATE PENALTY aggression +
No MC, 2 Acs (Relationship & disregard of the respect on account of any other 2
his age) remaining
Maximum IP = PRISION CORRECCIONAL, MAXIMUM elements
IP: Arresto Mayor in any of its periods as the minimum to prision
correccional in its maximum period as the maximum penalty
3. MINIMUM = one
degree lower
Rec Temporal from imposed
12y, 1d to 20 y
penalty
Prision mayor
6 y, 1d to 12 years
4. MAXIMUM =
Prision Corec imposable
6 m, 1d to 6 years Step 1 penalty, apply
MINIMUM MEDIUM MAXIMUM
Step 4 remaining AC or
6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y
MC
Arresto Mayor
Arresto Mayor
1 m, 1d to 6 m Step 3
 Case # 15: A public employee took advantage of his STEPS
position to falsify a document defrauding the victim of 1. Crime and
P10,000.00. penalty
2. Lower penalty
1. Crime: ESTAFA thru FALSIFICATION (Complex crime) by:
1deg:2+ MC, no AC
Penalty: ESTAFA: PRISION CORRECCIONAL (Min-Med(Art.315)
FALSIFICATION: PRISION MAYOR (Art. 171)
1deg: >15<18
1deg: unlawful
Penalty to be considered: PRISION MAYOR (Higher) aggression only
2 degs: unlawful
2. Not applicable! aggression +
any other 2
3. MINIMUM IP: PRISION CORRECCIONAL remaining
elements
4. MAXIMUM INDETERMINATE PENALTY
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48) in its medium term
3. MINIMUM = one
degree lower
from imposed
penalty
Prision mayor
6 y, 1d to 12 years Step 1 4. MAXIMUM =
MINIMUM MEDIUM MAXIMUM imposable
6m, 1d to 2y, 4m 2y, 4m, 1d to 4y, 2m 4y, 2m, 1d to 6y Step 4 penalty, apply
Prision Corec
Step 3 remaining AC or
6 m, 1d to 6 years
MC
OFFENSES
PUNISHABLE BY
SPECIAL LAWS
 Crime: Illegal possession of firearms
Penalty: 6 years to 10 years (SPECIAL LAW)
Imposed Penalty: 6 years AND 1 day ONLY

INDETERMINATE MINIMUM PENALTY: 6 years

INDETERMINATE MAXIMUM PENALTY: 10 years

Indeterminate sentence: 6 years to 10 years

PEOPLE VS. NANG KAY, 83 PHIL 515 (SPECIAL LAW)

 PEOPLE VS. FORMIGONES, 87 PHIL 185

RA4103: Those with

penalties of death,
reclusion perpetua and
life imprisonment are
exempted from the
application of the ISL.
 Clareon and his companion stole the motorcycle of Anastacio
Barbajo. Clareon was on parole when the crime happened

Penalty: Straight Penalty of 10 years, 1 day

COA: ISL still to be applied

IND. MINIMUM PENALTY: 6 years, 8 months & 1 day

IND. MAXIMUM PENALTY: not exceed maximum fixed by law

Accused is not disqualified to avail of the ISL even if

the crime was committed while on parole.

PEOPLE VS. CLAREON, Nov. 29, 1982 (PASSSSSS, SPECIAL LAW)

 PEOPLE VS. LOPE VIENTE, 225 SCRA 361 (PASSSSSS, SPECIAL
LAW)

Lope Viente and his two companions forcibly took the

jeepney from Narciso Cabatas.

Crime: Carnapping ( violation of RA6539)

Penalty: 17 years & 4 months to 30 years
Imposed penalty: Maximum of 30 years

Ruling: Straight penalty of 30 years should not be applied.

Should still apply ISL.

IND. MINIMUM PENALTY: 17 years & 4 months

IND. MAXIMUM PENALTY: 30 years
 BACAR VS. DE GUZMAN, APRIL 18, 1997

Facts: De Guzman was the TC judged that rendered judgment

finding the accused guilty of homicide and penalized with PM
to RT. Accused asked for a reconsideration wherein the judge
took into account 2 MC: threat on the part of the victim & no
intention to commit so grave a wrong as that committed.
Crime as per Trial Court: Homicide with 2 MC
Imposed Penalty by TC: straight penalty of 3 years

Ruling: Judge is liable for gross ignorance of law.

Crime: Homicide (penalty: Reclusion temporal) (Step 1)
With 2 MC, penalty = Prision Mayor, medium (Step 2)
IND. MINIMUM PENALTY: Prision Correccional (Step 3)
IND. MAXIMUM PENALTY: Prision Mayor, Medium (Step 4, no
other MC & AC)
 PEOPLE VS. SALEY, 291 SCRA 715
Facts: La Trinidad, Benguet Case. Saley was convicted of 11
counts of estafa and 6 counts of illegal recruitment.
Crime: 11 counts of ESTAFA involving amounts of P18k to
45k
Penalty imposed by Court : IP of prision correccional, minimum
as MINIMUM and prision correccional, maximum as MAXIMUM
Ruling:

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min

If above P22k, implement the max period (similar to complex crime) +
Period From To
Prision mayor, MIN: 6y, 1d to 8y Divide 5 years, 5
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods
5 years, 5 6 years, 8
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m months and 11 months and 20
Prision Corec, MIN: 6m, 1d to 2y, 4m Medium days days
6 years, 8
months and 21
Maximum days 8 years
 Period From To
Divide 5 years, 5
Prision mayor, MIN: 6y, 1d to 8y
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods 5 years, 5 6 years, 8
months and 11 months and 20
Medium days days
6 years, 8
months and 21
Maximum days 8 years
Pp. vs. Saley:
In fine, the one year period (excess), whenever applicable, shall be
added to the maximum period of the principal penalty of anywhere from
6 year, 8 months and 21 days to 8 years.
 PEOPLE VS. SALEY, 291 SCRA 715

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min

If above P22k, implement the max period (similar to complex crime) + 1
year for every excess of P10,000
Period From To
Divide 5 years, 5
Prision mayor, MIN: 6y, 1d to 8y
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods 5 years, 5 6 years, 8
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m months and 11 months and 20
Medium days days
Prision Corec, MIN: 6m, 1d to 2y, 4m
6 years, 8
months and 21
Maximum days 8 years
ESTAFA
CR1397: Amount P45,000.00
TC imposed IP:
Minimum: 3 years, 6 months, 21 days Prision correccional
Maximum: 7 years, 4 months, 1 day Prision mayor
SC imposed IP:
Minimum: 3 years, 6 months, 21 days Prision correccional, med
Maximum: 8 years, 8 months, 21 day Prision mayor, max

Computation: 45,000-22,000 = 23, 000/10,000 = 2.3 years = 2 years

 PEOPLE VS. SALEY, 291 SCRA 715

Art.315: Penalty for ESTAFA, >P12k to P22k: PC max to PM min

If above P22k, implement the max period (similar to complex crime) + 1
year for every excess of P10,000
Period From To
Divide 5 years, 5
Prision mayor, MIN: 6y, 1d to 8y
into 3 4 years, 2 months and 10
Prision Corec, Max: 4y, 2m, 1d to 6y equal Minimum months & 1 day days
periods 5 years, 5 6 years, 8
Prision Corec, MED: 2y, 4m, 1d to 4y, 2m months and 11 months and 20
Medium days days
Prision Corec, MIN: 6m, 1d to 2y, 4m
6 years, 8
months and 21
Maximum days 8 years
ESTAFA
CR1426: Amount P40,000.00
TC imposed IP:
Minimum: 1 year, 7 months, 11 days Prision correccional
Maximum: 6 years, 5 months, 11 day Prision mayor
SC imposed IP:
Minimum: 2 years, 4 months, 1 day Prision correccional, med
Maximum: 7 years, 8 months, 21 day Prision mayor, min

Computation: 40,000-22,000 = 18, 000/10,000 = 1.8 years = 1 year

Facts: A and companions were tracked down as suspects in the missing
animals in Pangasinan. The police had an exchange of fire with the
offenders. One of the policemen died during the encounter. The
accused were apprehended and were found with unlicensed
firearms.

Ruling:
Guilty of HOMICIDE with special AC of using unlicensed firearm

IP: 12 years of prision mayor as MINIMUM to 20 years of reclusion temporal

as MAXIMUM.

PEOPLE VS. NARVASA, 298 SCRA 637

Facts: Milo was found on a kneeling position, short pants down with 4
y/o Crystel whose pajamas and panties were removed.

Ruling:
Crime: Attempted rape
Penalty: Reclusion temporal (2 degrees lower from death)

Did the Trial Court impose the proper penalty?

Indeterminate Penalty of of 8 years, 4 months and 10 days of prision

mayor medium as MINIMUM PENALTY to 14 years, 10 months, 20
days of reclusion temporal medium as MAXIMUM PENALTY.

PEOPLE VS. CAMPUHAN, 329 SCRA 270