PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES & PROBATION LAW

by: JUSTICE DIOSDADO M. PERALTA

I. PENALTIES AND INDETERMINATE SENTENCE LAW
The penalty that may be imposed may vary depending upon the presence and
absence of mitigating and aggravating circumstances. Mitigating circumstances are
those enumerated in Article 13 of the revised Penal Code, while aggravating
circumstances are those that are found in Article 14 of the Revised Penal Code.
Article 15 of the Revised Penal Code likewise enumerates circumstances which
may be appreciated either as mitigating or aggravating circumstances depending upon
the manner the crime is committed.
Aside from the aggravating circumstances in the Revised Penal Code, there are
other special aggravating circumstances provided for in Special Laws like the use of
unlicensed firearms in the killing and when at the time of the commission of the crime,
the offender was under the influence of drugs.
2
Special circumstances cannot be offset
by ordinary mitigating circumstances.
The effects of the presence of mitigating or aggravating circumstances are as
follows:
ART. 62. Effects of the attendance of mitigating or aggravating circumstances
and of habitual delinquency Mitigating or aggravating circumstances and
habitual delinquency shall be taken into account for the purpose of diminishing or
increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime
specially punishable by law or which are included by the law in defining a crime
and prescribing the penalty therefore shall not be taken into account for the
purpose of increasing the penalty.
1(a) When in the commission of the crime, advantage
3
was taken by the
offender of his public position, the penalty to be imposed shall be in its maximum
regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any
person who belongs to an organized/ syndicated crime group.
An organized/syndicated crime group means a group of two or more persons
collaborating, confederating or mutually helping one another for purposes of gain
in the commission of any crime.
___________
2. Notwithstanding the provisions of any law on the contrary, a positive finding for the use of dangerous drugs,
shall be a qualifying aggravating circumstance for the commission of a crime by an offender; and the
application of the penalty provided for in the Revised Penal Code shall be applicable (Sec 26 RA 9165).
3. Aggravating circumstances in par. 1, Art 14. Revised Penal Code the only aggravating circumstances that
cannot be offset by any mitigating circumstance.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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2. The same rule shall apply with respect to any aggravating
circumstances inherent in the crime to such a degree that it must be necessary
accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral
attributes of the offender, or from his private relations with the offended party, or
from any other personal cause, shall only serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.
4. The circumstances which consist in the material execution of the act,
or in the means employed to accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein.
After knowing the effects of the attendant mitigating and aggravating circumstances, we
now come to the graduation of penalties. Graduation of penalties is essential in the
computation of penalties; it is actually knowing the penalty next lower in degree than
that of the penalty prescribed by law in a particular time. Thus:
ART. 61. Rules for graduating penalties. For the purpose of graduating
penalties which, according to the provisions of Articles 50 to 57,
4
inclusive, of this
Code, are to be imposed upon persons guilty as principals of any frustrated or
attempted felony, or as accomplices or accessories, the following rules shall be
observed:
___________
4. ART. 50. Penalty to be imposed upon principals of attempted crime. The penalty next lower in degree
than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated
felony.
ART 51. Penalty to be imposed upon principals of attempted crime. The penalty lower by two
degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in
an attempt to commit a felony.
ART 52. Penalty to be imposed upon accomplices in a consummated crime. - The penalty next
lower in degree than that prescribed by law for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony.
ART. 53. Penalty to be imposed upon accessories in the commission of a consummated felony. The
penalty next lower by two degrees than that prescribed by law for the consummated felony shall be
imposed upon the accessories to the commission of a consummated felony.
ART. 54. Penalty to be imposed upon accomplices of a frustrated crime - The penalty next lower in
degree than that prescribed by law for the frustrated felony shall be imposed upon the accessories in the
commission of a frustrated felony.
ART. 55. Penalty to be imposed upon accessories of a frustrated crime. - The penalty lower by two
degrees than that prescribed by law for the frustrated felony shall be imposed to the accessories to the
commission of a frustrated felony.
ART. 56. Penalty to be imposed upon accomplices of an attempted crime. - The penalty next lower
in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
ART 57. Penalty to be imposed upon accessories of an attempted crime. The penalty lower by
two degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the
attempt to commit a felony.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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1. When the penalty prescribed for the felony is single and indivisible, the
penalty next lower in degree shall be that immediately following that
indivisible penalty in the respective graduated scale prescribed in Article 71
5

of this Code, to wit:
Examples:
a. Penalty consists of a single indivisible penalty:
Death penalty of the crime
!
Reclusion Perpetua next lower in degree
b. Penalty consists of a single divisible penalty:
Reclusion Perpetua penalty of the crime
!
Reclusion Temporal penalty next lower in degree
2. When the penalty prescribed for the crime is composed of two divisible
penalties, or of one or more divisible penalties to be imposed to their full
extent, the penalty next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective graduated scale.
Examples:
a. Penalty consists of two (2) indivisible penalties:
Death
"
Reclusion Perpetua
!
} Penalty for the crime
Reclusion Temporal Penalty next lower in degree
b. Penalty consists of one (1) divisible penalty in its full extent:
Reclusion Temporal
!
Prision Mayor
Penalty for the crime

Penalty next in degree
_______
5. ART 71. Graduated Scales. In the cases in which the law prescribes a penalty lower or higher by one or
more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating
such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.
The courts in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision correccional
6. Arresto Mayor
7. Diesterro
8. Arresto Menor
9. Public Censure
10. Fine.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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c. Penalty consists of two (2) divisible penalties in their full extent:
Reclusion Temporal
"
Prision Mayor
!
} Penalty for the crime
Prision Correccional Penalty next lower in degree
d. Penalty consists of three (3) divisible penalties in their full extent:
Reclusion Temporal
"
Prision Correccional
!
} Penalty for the crime
ARRESTO MAYOR Penalty next lower in degree
3. When the penalty prescribed for the crime is composed of one or two
indivisible penalties and the maximum period of another divisible penalty, the
penalty next lower in degree shall be composed of the medium and minimum
periods of the proper divisible penalty and the maximum period of that immediately
following in said respective graduating scale.
Example: Penalty consists of two (2) indivisible penalties and the maximum of a
divisible penalty:
Death
"
Reclusion Temporal - Maximum
!
} Penalty for the crime
Reclusion Temporal - Medium
!
Prision Mayor - Maximum
} Penalty next lower in degree
4. When the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties, the penalty next lower in degree shall
be composed of the period immediately following the minimum prescribed and of
the two next following, which shall be taken from the penalty prescribed, if possible;
otherwise, from the penalty immediately following in the above mentioned
respective graduated scale.
Examples:
a. Penalty consists of three (3) periods:
Reclusion Temporal - Medium
"
Prision Mayor - Maximum
} Penalty for the crime
!
Prision Mayor - Medium
Prision Mayor - Minimum
Prision Correccional - Maximum
} Penalty next lower in degree
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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b. Penalty consists of two (2) periods:
Prision Mayor - Medium
"
Prision Mayor - Minimum
} Penalty for the crime
!
Prision Correccional- Maximum
"
Prision Correccional - Medium
} Penalty next lower in degree
c. Penalty consists of one (1) period:
Prision Mayor - Medium

Prision Mayor - Maximum

} Penalty for the crime

} Penalty next lower in degree
5. When the law prescribes a penalty for a crime in some manner not
specially provided for in the four preceding rules, the courts, proceeding by
analogy, shall impose corresponding penalties upon those guilty as principals of
the frustrated felony, or of attempt to commit the same, and upon accomplices
and accessories (As amended by Com Act. No. 217)
Knowing now the effects of the mitigating and aggravating circumstances and
the graduation of penalties, the actual computation of the penalty begins. The
provisions pertaining to computation of penalties in the Revised Penal Code are, as a
general rule, applicable only to crimes defined in the Revised Penal Code. The
exceptions, however, are when a special law adopts the penalties prescribed in the
Revised Penal Code are taken from the range of penalties in the Revised Penal Code
6

or, if the penalty consists of two (2) divisible penalties consisting of a minimum or
maximum, like life imprisonment to death.
7
If a special law however provides penalties that
are not provided for or not taken from the range of penalties in the Revised Penal Code,
then the computation of penalties prescribed in the Revised Penal Code shall not apply.
The computation of penalties in the Revised Penal Code is divided into two (2) rules.
First, the Rules for the Computation of Penalties which contain three (3) periods or
divisible penalties,
8
and the second, the Rules for the Application of Indivisible
Penalties.
9
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6. People vs Martin Simon, 234 SCRA 555; Cadua vs CA et al GR no. 12323 August 19, 1999.
7. People vs Priscilla Ballosa, GR no. 106357, Sept 3, 1998
8. Article 84, Revised Penal Code
9. Article 83, Revised Penal Code
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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The provisions of the Revised Penal Code that govern the computation of indivisible
penalties are as follows:
ART. 63. Rules for the application of indivisible penalties - In all cases in which
the law prescribes a single penalty, it shall be applied by the courts regardless of
any mitigating or aggravating circumstances that may have attended the
commission of the deed
In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the application
thereof:
1. When the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances in the
commission of the deed, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating
circumstances and there is no aggravating circumstance, the lesser penalty
shall be applied.
4. When both mitigating and aggravating circumstances attended the
commission of the act, the courts shall reasonably allow them to offset one
another in consideration of their number and importance, for the purpose of
applying the penalty in accordance with the preceding rules, according to the
result of such compensation.
The provisions governing the computation of divisible penalties are as
follows:
ART. 64. Rules for the application of penalties which contain three periods - In
cases in which the prescribes prescribed by law contain three periods, whether it
be a single divisible penalty or compose of three different penalties, each one of
which forms a period in accordance with the provisions of Articles 76 and 77, the
courts shall observe for the application of the penalty the following rules,
according to whether there are or are no mitigating or aggravating
circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall
impose the penalty prescribed by law in its medium period.
2. When only a mitigating circumstance is present in the commission of the act,
they shall impose the penalty in its minimum period.
3. When only an aggravating circumstance is present in the commission of the
act, they shall impose the penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court
shall reasonably offset those of one class against the other according to their
relative weight.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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5. When there are two or more mitigating circumstances and no aggravating
circumstances are present, the court shall impose the penalty next lower to
that prescribed by law, in the period that it may deem applicable, according to
the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances,
the courts shall not impose a greater penalty than that prescribed by law, in
its maximum period.
7. Within the limits of each period, the courts shall determine the extent of the
penalty according to the number and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the evil produced by the
crime.
The mitigating circumstance mentioned in Art. 63 and 64 refer to ordinary
mitigating circumstances and not privileged mitigating circumstances because ordinary
mitigating circumstances may lower the penalty by one period or one degree or two
degrees if the penalty consists of divisible penalties.
10
This rule is not applicable when
the penalty consists of a single indivisible penalty.
11
When, however, the penalty
consists of two indivisible penalties like reclusion perpetua to death, the penalty can go
down to the lighter penalty of reclusion perpetua but cannot go down lower to that of
reclusion perpetua regardless of the number of ordinary mitigating circumstances
present. The rule, however, will be different if the commission of a crime is attended by
privileged mitigating circumstances like incomplete justifying and exempting
circumstances
12
and minority.
13
Incomplete justifying and exempting circumstances
may be lowered by one or two degrees depending upon the number, nature of the
conditions of exemption present or lacking.
14
In minority when the offender is more
than fifteen (15) years of age but less than eighteen (18) years of age, the penalty
shall be lowered by one degree and when the offender is more than nine (9) years of
age but not more than fifteen (15) years of age and acting with discernment, the
penalty shall be lowered by two (2) degrees.
15
If the crime, therefore, where the
penalty provided by law is reclusion perpetua, is committed by a 17 year old minor, the
penalty must be lowered by one (1) degree which is reclusion temporal.
___________
10. Par 8. Article 64 Revised Penal Code.
11. Introductory part of Article 63, Revised Penal Code
12. Par.1 Article 13, Revised Penal Code
13. First part of par 2, Article 13, Revised Penal Code
14. Article 69
15. Article 68, Revised Penal Code: In the case of People vs Berlito Timanon, et al. GR No. 135066, February 15,
2001, a fourteen (14) year old who have acted with discernment to entitled to a penalty of two (2) degrees
lower to that of Reculsion Perpetua to Death, the penalty imposed for the crime of Murder.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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After knowing the proper application of Arts. 63 and 64 of the Revised Penal
Code, we now come to the last part of the computation of penalties which is the fixing
of the minimum period and the maximum period as mandated by the Indeterminate
Sentence Law, RA. 4103, as amended, which states that:
SECTION 1. Hereafter, in imposing a prison sentence for an offense punished
by the Revised Penal Code, or its amendments, the court shall sentence the
accused to an indeterminate sentence the maximum term of which shall be that
which, in view of the attending circumstances, could be properly imposed under
the rules of the said Code, and the minimum which shall be within the range of
the penalty next lower to that prescribed by the Code for the offense; and if the
offense is punished by any other law, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same. (As amended by Act No. 4225)
In Argoncillo vs Court of Appeals, 292 SCRA 313, the Supreme Court held that it
would be grave error to impose a straight penalty if the penalty exceeds one (1) year
even if the law violated is a special law. If the penalty does not provide for a minimum
period and a maximum period, there would be a violation of the Indeterminate
Sentence Law. In fine, the Supreme Court has held that the Indeterminate Sentence
Law is applicable to both the Revised Penal Law and special law.
It is worth mentioning, however, that if the penalty consists of indivisible
penalties, the Indeterminate Sentence Law does not apply because the indivisible
penalties do not consist of several periods; there are no minimum, medium or
maximum periods of Reclusion Perpetua, Life Imprisonment or Death. There may be
an instance, however, where the Indeterminate Sentence Law may be applicable even
if the penalty provided by law consists of Reclusion Perpetua and/or death if the
indivisible penalty is converted into a divisible penalty like when the offender is entitled
to any of the privileged mitigating circumstances mentioned in Arts. 68 and 69 where
the penalty is reduced to one (1) or two (2) degrees which have been earlier
mentioned/discussed. In that case when the indivisible penalty is converted into a
divisible penalty, the penalty will now consist of three (3) periods where the Court can
fix the minimum period from the penalty next lower in degree.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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Examples of computation of penalties and the application of the
Indeterminate Sentence Law:
The penalty of Homicide is Reclusion Temporal. (Art 249 Revised Penal Code)
FIRST STEP:
Divide the penalty into three (3) periods:


Maximum
Reclusion Temporal
#
Medium

\
Minimum
SECOND STEP
Lower the penalty by one degree than that of the penalty of the offense
prescribed by law and the minimum shall be taken from within the range of the penalty
next lower in degree and the maximum term of which shall be that which, in view of the
attending circumstances, could be properly imposed under the rules of the Revised
Penal Code. (Sec.1 Indeterminate Sentence Law)


Maximum
Reclusion Temporal
!
Medium

\
Minimum



Maximum One
Prision Mayor
!
Medium Degree

\
Minimum Lower
THIRD STEP
Determine the presence of mitigating or aggravating circumstances. If there are no
aggravating or mitigating circumstances, the penalty is medium (Art. 64, Revised Penal
Code).


Maximum
Reclusion Temporal
!
Medium Article 64 RPC

\
Minimum

PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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FOURTH STEP:
Determine the range of the penalty from which the minimum period and maximum
period shall be taken


Maximum
Reclusion Temporal
!
Medium Article 64 RPC

\
Minimum Range



Maximum One Of Penalty
Prision Mayor
!
Medium Degree

\
Minimum Lower


(Sec. 1 ISLaw)
After we have determined the range of the penalty, we can now choose the
minimum period which shall be taken from any period of Prision Mayor and the
maximum period to be taken from any of the periods of Reculsion Temporal not
exceeding Reclusion Temporal Medium.
We now come to the computation of penalties of offenses penalized under
special laws. As earlier stated, if the special law prescribes a penalty provided or taken
from the range of penalties in the Revised Penal Code or if the provisions of the
Revised Penal Code are applicable as a supplementary law,
16
the computation shall be
the same as those crimes punishable under the Revised Penal Code as already
discussed. If, however, the special law prescribes a penalty other than those provided
or taken from the range of penalties on the Revised Penal Code, then there will be a
different manner of computing the penalties. In other words, we will not apply the Rules
of Computation of Divisible and Indivisible Penalties provided in Articles 63 and 64 of
the Revised Penal Code. If that is the case, our concern would then be limited as to the
application of the Indeterminate Sentence Law.
17
Shall we then apply the provisions of
the Indeterminate Sentence Law to Special Laws? In the case of Argoncillo vs Court of
Appeals (supra), the Honorable Supreme Court ruled that the application of the
Indeterminate Sentence Law is mandatory to both the Revised Penal Code and Special
___________
16. In People Vs Priscilla Balasa, GR no. 106357, September 3, 1998, the Supreme Court held that if the accused
is charged with of estafa, I,e, special law, where the penalty consists of two (2) penalties consisting of a
minimum and a maximum, life imprisonment to death, the accused is entitled to a lighter penalty of life
imprisonment, if the mitigating circumstances is present applying Art 13 in relation to Art 63, of the Revised
Penal Code as a supplementary law.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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Laws and in the same ruling, the Supreme Court summarized the application and non-
application of the Indeterminate Sentence Law to wit:
The application of the Indeterminate Sentence Law is mandatory where
imprisonment exceeds one (1) year, except only in the following:
1. Offenses punished by death or life imprisonment.
2. Those convicted of treason m(Art. 114), conspiracy or proposal to commit
treason (Art. 125).
3. Those convicted of misprision of treason (Art 116), rebellion (Art. 134),
sedition (Art 130) or espionage (Art. 117).
4. Those convicted of piracy (Art 122)
5. Habitual delinquents (Art 62, par. 5)
Recidivists are entitled to an Indeterminate Sentence.
18
Offender is not
disqualified to avail of the benefits of the law even if the crime is committed while he
is on parole.
19

6. Those who escaped from confinement or those who evaded sentence.
7. Those granted conditional pardon and who violated the terms of the same.
20

8. Those whose maximum period of imprisonment does not exceed one (1)
year.
Where the penalty actually imposed does not exceed one (1) year, the accused
cannot avail himself of the benefits of the law, the application of which is based upon
the penalty actually imposed in accordance with law and not upon that which may be
imposed in the discretion of the court.
21
9. Those who are already serving final judgment upon the approval of the
Indeterminate Sentence Law.
The Indeterminate Sentence Law provides that if, as in this case, the offense is
punished by a law other than the Revise Penal Code, the court shall sentence the
accused to an Indeterminate sentence, the maximum term of which shall not exceed
the maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same.
Therefore, if the special law provides a penalty of two (2) to four (4) years
imprisonment, the penalty cannot be lowered by one (1) degree because there is no
graduation of penalties in special laws. In such cases, the Court must still impose an
indeterminate sentence but the minimum and maximum terms shall be taken from the
range of the penalty. The Court cannot impose a straight penalty say, two, three or
four years because that would be violative of the Indeterminate Sentence Law.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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Example:
Four (4) years The minimum and maximum

Periods shall be taken from the

Two (2) years Range of two (2) years to four (4) years
The Court can impose a minimum period of two (2) years and a maximum
period of three (3) or four (4) years or a minimum period not lower than two (2) years
and a maximum period not higher than four (4) years.
In a very interesting case,
22
the Supreme Court declared that the imposition of a
straight penalty of twenty (20) years for violation of illegal fishing with the use of
explosives under PD 704, where the penalty provided by the law ranges from twenty
(20) years to life imprisonment is erroneous. The Supreme Court declared that an
indeterminate penalty from twenty (20) years as minimum to twenty five (25) years as
maximum would be proper. This is an interesting case because the life imprisonment
has no duration. Probably, the Honorable Supreme Court imposed an indeterminate
penalty because it cannot impose a straight penalty of twenty (20) years nor can it
impose a single penalty of life imprisonment as the penalty provided by law consists of
a range. For those in the Drug Counts, this will be very helpful because in par. 2 of
sec. 11, RA 9165, the penalty for possession of five (5) grams or more but less than
ten (10) grams of opium, morphine and others is twenty (20) years and one (1) day to
life imprisonment.
COMPUTATION OF PENALTY OF COMPLEX CRIMES, THEFT, ESTAFA AND OTHERS:
1. Art.48 Penalty for complex crimes. When a single act constitutes two or more
grave or less grave felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious crime shall be imposed the
same to be applied in its maximum period. (As amended by Act. No 4000)
FIRST EXAMPLE
The crime of Murder complexed with Attempted Murder. The penalty of Murder
is Reclusion Perpetua to Death (Art 248, Revised Penal Code) while the penalty of
Frustrated Murder is one degree lower than that of the consummated crime which is
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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Reclusion Temporal. The penalty of the more serious crime is Murder and that the
maximum penalty of the crime is Death which should be the proper penalty imposed.
SECOND EXAMPLE:
The penalty of the crime of Theft in Art. 309 of the Revised Penal Code and the
penalty of Estafa in Art. 315, Revised Penal Code, respectively. The manner of
computing the penalties in those two (2) crimes is similar, as both provide for an
additional penalty of one (1) year for every ten (10) thousand pesos in excess of
P20,000.00.
Theft
The penalty of prision mayor in its maximum and medium period, if the value
of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if
the value of the thing stolen exceeds the latter amount the penalty shall be the
maximum period of the one prescribed in this paragraph, and one year for each
additional ten thousand pesos, but the total of the penalty which may be imposed shall
not exceed twenty (2) years. In such cases, and in connection with the accessories
penalties which may be imposed and for the purpose of the other provisions of this
Code, the penalty shall be termed prision mayor or reclusion temporal, as the case
may be.
Example:
Theft involving the amount of P45,000.00 and there are no mitigating or aggravating
circumstances.
FIRST STEP
Divide the penalty into three (3) periods as the penalty consists of only two (2) periods.
23




Maximum


Medium

!
Medium
Reclusion Temporal
\
Minimum

\
Minimum

SECOND STEP
Lower the penalty to one (1) degree than that of the penalty of the offense to
determine the range of the penalty (Sec.1 Indeterminate Sentence Law)
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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Prision Mayor - Medium
Penalty of the crime
Prision Mayor - Minimum
!

Prision Correccional
- Maximum

One degree lower
Prision Correccional -
Medium
THIRD STEP
Apply the provisions of Art. 64 and there being no mitigating or aggravating
circumstances, the penalty is in the medium period.



Medium

Maximum
Prision Mayor
!
Medium } Art 64, RPC

\
Minimum
\
Minimum
FOURTH STEP
After applying the provisions of Article 64, Revised Penal Code, and have
lowered the penalty next lower in degree, you now have the range of the penalty from
where you can choose the minimum and maximum periods, the minimum period to be
taken from any of the periods of prision correccional medium to maximum and the
maximum period to be taken from prision mayor minimum to prision mayor medium not
exceeding its medium period.


Medium

Maximum
Prision Mayor
!
Medium } Art 64, RPC

\
Minimum
\
Minimum Range

Of the


Maximum

Maximum Penalty
Prision Correccional

# Medium

\
Medium \ Minimum
FIFTH STEP
After you have chosen the minimum and the maximum penalty, add two (2) years
[(P45,000.00 P22,000.00 = P23,000.00) or two (2) years based on one (1) year for
every P10,000.00] to the maximum penalty you have chosen.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

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ESTAFA
. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 but does not exceed 22,000
pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph
shall be imposed in its maximum period, adding one year for each additional 10,000
pesos; but the total penalty which may be imposed shall not exceed twenty (20) years. In
such case, and in connection with the accessory penalties which may be imposed and for
the purpose of the other provisions of this Code, the penalty shall be termed prision mayor
or reclusion temporal, as the case may be.
Example:
Estafa involving the amount of P45,000.00 and there are no mitigating or
aggravating circumstances.
FIRST STEP
Divide the penalty into three (3) periods as the penalty consists of only two
(2) periods.
24
Prision Mayor Minimum

Maximum

!
Medium
Prision Correcional Maximum
\
Minimum
SECOND STEP
Lower the penalty to one degree than that of the penalty of the offense to
determine the range of the penalty.
Prision Mayor Medium

Penalty for the crime
Prision Mayor Minimum
!

Prision correccional Maximum One Degree Lower
Prision correccional Medium
THIRD STEP
Apply the provisions of Art. 64 Revised Penal Code, and there being no
mitigating or aggravating circumstances, the penalty is the medium period.
Prision Mayor Minimum

Maximum

!
Medium } Art 64 RPC
Prision Correcional Maximum
\
Minimum

PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

+' # " # $ %

FOURTH STEP
After applying the provisions of Art 64, Revised Penal Code, and have
lowered the penalty next lower in degree you now have the range of the penalty
from where you can choose the minimum and the maximum periods, the minimum
period to be taken from any of the periods of prision correccional medium to
maximum and the maximum period to be taken from prision mayor minimum to
prision mayor medium not exceeding its medium period.
Prision Mayor Minimum

Maximum

!
Medium } Art 64 RPC
Prision Correccional Maximum
\
Minimum


Range of
Prision Correccional Medium

the


Maximum Penalty
Prision Correccional Minimum
!
Medium

\
Minimum
FIFTH STEP
After you have chosen the minimum and the maximum penalties, add two (2)
years [(P45,000.00 P22,000.00 = P23,000.00) or two (2) years based on one (1) year
for every P10,000.00] to the maximum penalty that you have chosen.
THIRD EXAMPLE:
Article 315 of the Revised Penal Code in so far as the penalty for Estafa through
the issuance of bouncing check as defined for and penalized by par 2(d), art 315, as
amended by PD 818, to wit:
The penalty of reclusion temporal if the amount of the fraud is over 12,000
pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter
sum, the penalty provided in this paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000.00 pesos but the total penalty which may
be imposed shall be no case exceed thirty years. In such cases, and in connection
with the accessory penalties which may be imposed under the Revised Penal Code,
the penalty shall be termed reclusion perpetua.
Example:
The amount of Fraud is P130,000.00
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

+( # " # $ %

FIRST STEP:
Divide the penalty into three (3) periods.


Maximum
Reclusion Temporal
!
Medium

\
Minimum
SECOND STEP:
Because the amount of Fraud is more than P22,000.00 the penalty of reclusion
Temporal shall be imposed in its maximum period.


Maximum} Sec, 1 PD 818
Reclusion Temporal
!
Medium

\
Minimum
THIRD STEP:
Lower the penalty to one (1) degree than that of the penalty provided by law to
determine the range of the penalty.


Maximum} Sec, 1 PD 818
Reclusion Temporal
!
Medium

\
Minimum Range


of the


Maximum Penalty
Prision Mayor
!
Medium

\
Minimum
FOURTH STEP:
Choose the minimum period from any of the periods of the penalty next lower in
degree (Prision Mayor) and add eleven (11) years [(P140,000.00 P22,000.00 =
P180,000.00) or eleven (11) years based on one (1) year for every P10,000.00 of the
whole amount of P118,000.00] to reclusion Temporal maximum.
If you have chosen Prision Mayor as your minimum period or six (6) years and
one (1) day and your maximum period is reclusion temporal, maximum or twenty (20)
years, then add the eleven (11) years to twenty (20) years to determine the extent of
the maximum penalty. But because the maximum period provided in the law cannot
exceed thirty (30) years, the fullest extent of your maximum period should be thirty (30)
years of Reclusion Perpetua not thirty-one (31) years.
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

+) # " # $ %

It is thus erroneous to impose a maximum period of Reclusion Perpetua without
indicating the number of years of imprisonment or impose a single penalty of Reclusion
Perpetua without a minimum period because the penalty consists of a range. Although
the law termed the penalty as Reclusion Perpetua,
25
it is not the prescribed penalty for
the offense. It merely describes the penalty actually imposed on account of the amount
of fraud involved,, which exceeds Twenty-two Thousand (P22,000.00) pesos.
26
By the
way, this offense is already bailable in light of the pronouncements of the Honorable
Supreme Court in these two (2) cases cited in its En Banc Resolution in the case of
Lim and Lim vs People, et al., February 26, 2002, GR no. 149276, where it held as
valid Circular N0. 74 of the Department of Justice, to wit:
(3) Where the amount of fraud is P32,000.00 or over which the imposable
penalty is reclusion temporal to reclusion perpetua, bail shall be based on reclusion
temporal maximum, pursuant to Par 2(a) of the 2000 Bail Bond Guide, multiplied by
P2000.00 plus an additional of P2,000.00 for every P10,000.00 in excess of
P20,000.00; Provided, however, that the total amount of bail shall not exceed
P60,000.00
II. DAMAGES
Whenever the crime of rape is committed, a civil indemnity is awarded to the
victim without necessity of proof and pleading and the same is automatically granted
together with moral damages, generally in the amount of P50,000.00 each. In cases,
where the death penalty cannot be imposed, the civil indemnity is reduced from
P75,000.00 to P50,000.00.
27
in People vs. Francisco GR no. 135200, February 7,
2001, the Supreme Court awarded P100,000.00 moral and P50,000.00 civil indemnity
considering the tremendous physical and mental suffering of the victim, who is
accusedappellants biological daughter and who was only nine (9) years old when
she became his virtual slave for five (5) years. The award of moral damages need not
be pleaded or proved.
In Homicide and Murder cases, the amount of P50,000.00 is awarded as civil
indemnity and another P50,000.00 is granted as moral damages.
28
In Rape with
Homicide, the civil indemnity is P100,000.00 and moral damages is P50,000.00
29
II. PROBATION LAW:
PENALTIES, INDEFINITE SENTENCE LAW, DAMAGES AND PROBATION LAW
By: JUSTICE DIOSDADO M. PERALTA

+* # " # $ %

The multiple prison terms are distinct from each other and the name of the
terms exceeds the limit set out in the Probation Law, not more than six (6) years, then
he is entitled to probation, unless he is otherwise disqualified. The Probation Law, as
amended, disqualifies only those who have been convicted of grave felonies as
defined in Article 9 in relation to Article 25 of the Revised Penal Code and not
necessarily those who have been convicted of multiple offenses in a single proceeding
who are deemed less preverse.
30
In Santos Vs. Court of Appeals, 319 SCRA 609,
however, it was held that the act of issuing fifty-four (54) checks is a serious offense
and to allow the guilty person to be placed on probation would be to depreciate the
seriousness of her malefaction.












___________

27. People vs Jaime Pagador GR no. 131914 April 20, 2001
28. People vs Jaime Pagador GR no. 131914 April 20, 2001
29. People vs Daurito Dario GR no. 117262m February 12, 2002; People vs Aldrin Licayan GR no. 144422
Februray 28, 2002
30. Francisco vs Court of Appeals 243 SCRA 384