Escolar Documentos
Profissional Documentos
Cultura Documentos
A.
GRADUATION OF PENALTIES1
1 Indivisible
Either Death (currently no Death penalty) or Reclusion Perpetua (RP)
Court can impose the penalty as a whole because it has no periods being an
indivisible penalty (If the penalty is divisible, it is never imposed as a whole. The
divisible penalty should be divided into 3 periods)
Existence of a Generic Aggravating (GA) and/or Ordinary Mitigating (OM)
circumstances is irrelevant
BUT, privileged mitigating (PM) circumstance justifies lowering by 1
DEGREE
Ex.
B.
Ex.
1)
2)
2 Indivisible
RP to Death
Existence of GA and/or OM is relevant to determine which of the 2 indivisible
penalties to impose
PM justifies lowering by 1 DEGREE from the lesser indivisible penalty
RP to Death (2 indivisible penalties; offset GAs and OMs)
Death
RP
If theres a PM:
RT
1 GA, no OM = Death
No GA, 1 OM or No GA, No OM = RP
For Section 1-D (Class of 2020), Ateneo School of Law. A basic guide to graduating penalties and
applying the Indeterminate Sentence Law (ISLAW).
Good luck to everyone!--Judge Boom
C.
Ex.
RP
RT (divisible; full
extent)
1 PM, reduce by 1 degree
from divisible penalty
imposed (in full extent)
Prision Mayor
(PM)
D.
Ex.
(maximum of divisible)
1 degree lower is MED and MIN of the given divisible
penalty (RT) and the MAX of the immediately following
divisible penalty (PM)
RT MED
RT MIN
PM MAX
(1 degree lower)
E.
Ex.
PM
Prision
Correccional
(PC)
[next lower in degree]
OR
Ex.
PM
PC
OR
Ex.
PM
PC
Arresto Mayor
(AM)
[next lower in degree]
F.
FIRST EXAMPLE:
PC MED
(Penalty prescribed by
law; 1 period of PC
considered as one degree)
PC MIN
SECOND EXAMPLE:
OR
2 periods prescribed for crime (ex. RT MIN to RT MED):
RT MED
RT MIN
(penalty prescribed; 2
periods of RT considered
as one degree)
PM MAX
PM MED
OR
THIRD EXAMPLE:
RT MED
RT MIN
PM MAX
(penalty prescribed; 3
periods of 2 divisible
penalties considered as
one degree)
PM MED
PM MIN
PC MAX
2
3
II.
A.
***
***
1)
Identify if penalty is divisible then divide into 3 periods (MIN, MED, MAX).
Lets use Prision Mayor:
2)
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Maximum
Medium
Minimum
1 degree lower;
This is range of
minimum
3)
Determine the presence of modifying circumstances. This is relevant in
determining the maximum sentence that may be imposed (No GA or OM or all GAs and
OMs offset each other = MED; 1 GA, no OM = MAX; 1 OM, no GA = MIN).
Ex.
No GA, no OM = MED
Prision Mayor
Maximum
Medium (to be applied; 64[1], RPC)
Minimum
4)
Determine imposable range of penalty then impose the minimum and maximum:
Ex.
No GA, no OM = MED
Prision Mayor
Maximum
Medium (to be applied; 64[1], RPC)
Minimum
Maximum
Medium
Minimum
1 degree lower;
This will be the
Range of minimum
Apply ISLAW when the penalty exceeds one (1) year, as in this example. Thus, the
Court may impose either Prision Correccional MIN or MED or MAX as the minimum
penalty of the indeterminate sentence. Lets, for example, impose Prision Correccional in
its MAX as the minimum of the indeterminate sentence as highlighted below:
Maximum
Prision Correccional
(any of the 3 periods as the minimum of the
indeterminate sentence)
Medium
Minimum
1 degree lower;
This is range of
minimum
And Prision Mayor in its MED, in view of the absence of any GA or OM, as maximum:
Maximum
Prision Mayor
and 2 months)
PC MED
Medium
Minimum
2)
and 2 months)
PC MED
Medium
Minimum
and 4 months)
Medium
Minimum
months)
3)
Determine the presence of modifying circumstances. This is relevant in
determining the maximum sentence that may be imposed (No GA or OM or all GAs and
OMs offset each other = MED; 1 GA, no OM = MAX; 1 OM, no GA = MIN).
Ex.
No GA, no OM = MED
Maximum
and 2 months)
PC MED
Medium
Minimum
4)
Determine imposable range of penalty then impose the minimum and maximum:
Ex.
No GA, no OM = MED
Maximum
and 2 months)
PC MED
Medium
Minimum
and 4 months)
Medium
Minimum
months)
Apply ISLAW when the penalty exceeds one (1) year, as in this example. Thus, the
Court may impose either Prision Correccional in its Minimum period (PC MIN) in its
MIN or MED or MAX as the minimum penalty of the indeterminate sentence. Lets, for
example, impose PC MIN in its MAX as the minimum of the indeterminate sentence as
highlighted below:
Maximum
PC MIN
and 4 months)
Medium
Minimum
months)
And Prision Correccional in its Medium period (PC MED) in its MED, in view of the
absence of any GA or OM, as maximum:
Maximum
and 2 months)
PC MED
Medium
Minimum
PM MAX to RT MED
Medium
Minimum
and 10 days)
2)
Medium
Minimum
and 10 days)
Minimum
3)
Determine the presence of modifying circumstances. This is relevant in
determining the maximum sentence that may be imposed (No GA or OM or all GAs and
OMs offset each other = MED; 1 GA, no OM = MAX; 1 OM, no GA = MIN).
Ex.
No GA, no OM = MED
Maximum
PM MAX to RT MED
Medium
Minimum
and 10 days)
4)
Determine imposable range of penalty then impose the minimum and maximum:
Ex.
No GA, no OM = MED
Maximum
PM MAX to RT MED
Medium
Minimum
and 10 days)
10 years)
PC MAX to PM MED
Medium
1 degree lower;
This will be the
Range of minimum
Minimum
Apply ISLAW when the penalty exceeds one (1) year, as in this example. Thus, the
Court may impose either Prision Correccional in its Maximum to Prision Mayor in its
Medium (PC MAX to PM MED) in its MIN or MED or MAX as the minimum penalty
of the indeterminate sentence. Lets, for example, impose PC MAX to PM MED in its
MAX as the minimum of the indeterminate sentence as highlighted below:
Maximum
10 years)
PC MAX to PM MED
Medium
1 degree lower;
This will be the
Range of minimum
Minimum
And Prision Mayor in its Maximum to Reclusion Temporal in its Medium (PM MAX
to RT MED) in its MED, in view of the absence of any GA or OM, as maximum:
Maximum
PM MAX to RT MED
Medium
Minimum
and 10 days)
Prision Mayor because the maximum of PC MAX to PM MED (8 years and 21 days to 10 years) is
beyond Prision Correccional and is already in the range of Prision Mayor.
10
Ex.
Graduation of penalties does not apply in Special Penal Laws (SPL). Thus, the
penalty under the SPL cannot be lowered by 1 degree
In applying ISLAW, Courts must impose a minimum and maximum based on the
range of the penalty imposed under the SPL
However, Court can impose a straight penalty of up to one (1) year if the same is
within the minimum provided under the SPL
SPL imposes a penalty of 3 to 6 years
6 years
3 years
Maximum
Minimum
1)
2)
3)
4)
Note that the minimum penalty that the Court can impose should not be lower
than the minimum allowed/provided under the SPL (in this case 3 years), and the
maximum should not be more than the maximum allowed/provided under the SPL
(in this case 6 years)
However, if for example the SPL imposes the following penalty:
6 months to 3 years
the Court is allowed to impose a straight6 penalty and need not apply the ISLAW
as long as the straight penalty imposed is within the minimum provided under the
SPL and will not exceed one (1) year
Ex.
1) 6 months
2) 8 months
5
Reclusion Temporal because the medium of PM MAX to RT MED (12 years, 5 months and 11 days to 14
years, 10 months and 20 days) is beyond Prision Mayor and is already in the range of Reclusion Temporal.
6
By straight penalty, the Court is not required to apply ISLAW and/or provide a minimum and maximum.
11
3) 11 months
4) 1 year
5) etc. (as long as the penalty will not exceed one year)
Should the court impose a penalty exceeding one year, it is required to apply
ISLAW
FINAL NOTES:
ISLAW is applied only when the sentence imposes a prison term. If the sentence does
not impose imprisonment, then ISLAW does not apply. If the sentence for the crime
committed was destierro, ISLAW does not apply
If ISLAW applies, the courts are required to pronounce a sentence that reflects a
MINIMUM term and MAXIMUM term.
If ISLAW is not applicable, the sentence should only impose a straight penalty
12