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Remember: It will never become a privileged Under the Revised Penal Code, falsification of
mitigating circumstance if there is an aggravating public documents (Article 171) is a more serious
circumstance present. 8 mitigating and 1 offense punished by prision mayor than estafa
aggravating will never become privileged mitigating (Article 315), punished only by prision correctional.
circumstance.
Thus, applying the Indeterminate Sentence Law,
3 mitigating, NO aggravating the maximum penalty for estafa through falsification
maximum penalty: prision mayor in the minimum of public documents shall be prision mayor in the
period maximum period. Minimum penalty shall be prision
minimum penalty: prision correctional any period correctional, any period.
In the preceding example, there are 3 mitigating Suppose there was 1 mitigating circumstance
circumstance present and no aggravating proven. Maximum penalty would still be prision
circumstance. The first two mitigating circumstance mayor in the maximum period. In pursuant to Article
shall be a privileged mitigating circumstance. Thus, 48, even if there is a mitigating circumstance
the penalty will be reduced by 1 degree from present, it should still be imposed at the maximum
reclusion temporal to prision mayor. The 3rd period.
mitigating circumstance shall place the penalty in
the minimum period. How about if there are 2 mitigating circumstance
and no aggravating?
4 mitigating, NO aggravating The rule is, if it is a privileged mitigating
maximum penalty: prision correctional in the circumstance, we lower by the penalty by one
medium period (2 privileged circumstance. Thus we degree but still place it at the maximum period.
lower by 2 degrees) Thus, the maximum penalty shall be prision
minimum penalty: arresto mayor any period correctional in the maximum period.