8/8/2019 ISLAW Assignment

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1.  Where there is no attending mitigating or aggravating circumstance 

a.  Yes, A is entitled to the benef it of ISLAW 

b.  Maximum term of the indeterminate penalty reclusion temporal should be imposed in the 

medium period

Minimum term of the indeterminate penalty anywhere within the range of prision mayor,

the penalty next lower  from reclusion temporal, with or without reference to the period

into which it may be subdivided.

2.  Where there is no attending mitigating or aggravating circumstance 

A is entitled to the benef it of  ISLAW. The maximum term of  the indeterminate penalty

reclusion temporal should be imposed in the medium period. The minimum term of  the 

indeterminate penalty is anywhere within the  range of  prision mayor, the penalty next

lower from reclusion temporal, with or without reference to the period into which it may be 

subdivided.

3.  Where there is one ordinary mitigating circumstance 

If  a pleaded guilty bef ore the presentation of   evidence by the prosecution, there being no

aggravating circumstance to off set it, the maximum term of the indeterminate penalty, which is

reclusion temporal, should be imposed in the minimum period. The minimum term of  the 

indeterminate penalty is also anywhere within the  range of  prision mayor, the penalty next

lower  from reclusion temporal, with or without reference to the period into which it may be 

subdivided. His plea of  guilty is required to be considered (by way of  mitigation) only in the imposition of the maximum terms of  his sentence.

4.  Where there is only an aggravating circumstance 

In the execution of the crime, there were generic circumstances of  relationship (Art 15) and that

it was committed with insult or in disregard of the respect due the offended party on account of  

his rank or age (Art 14, par 3) which shall be merged into one aggravating circumstance, the 

penalty imposable on A is reclusion temporal in its maximum period. The minimum term of the 

indeterminate penalty is also anywhere within the  range of  prision mayor with or without

reference to the period into which it may be subdivided.

5.  Where there are mitigating and aggravating circumstances

Af ter committing the crime at nighttime purposely sought by A to better accomplish his purpose 

(Art 14 par 6), he surrendered voluntarily to the agent of authority and during the arraignment

pleaded guilty to the charge (Art 13 par 7), there is one mitigating circumstance lef t af ter 

off setting the aggravating circumstance of nighttime with the two mitigating circumstances. So,

the penalty of   reclusion temporal should be imposed in the minimum period. The maximum

8/8/2019 ISLAW Assignment

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term of  the indeterminate penalty is reclusion temporal minimum and the minimum is prision

mayor in any of its period or anywhere within its range.

6.  Where there is a complex crime 

In this case, the maximum of  the indeterminate penalty is prision mayor maximum and the 

minimum is prision correccional in its maximum period.

7.  Where there is a complex crime 

In this case, the maximum of the indeterminate penalty is within the maximum period of prision

mayor and the minimum is prision correccional is within that next lower in degree to prision

mayor which is prision correccional.

8.  Where there is a complex crime with 2 mitigating circumstances and without any aggravating

circumstance 

There being two (2) mitigating circumstances of voluntary surrender and plea of guilty, without

any aggravating circumstance, the penalty next lower to that provided by law should be 

imposed. For the purposes of the Indeterminate Sentence Law, the penalty next lower should be 

determined without regard as to whether the basic penalty provided by the Code should be 

applied in its maximum or minimum period as circumstances modif ying liability may require.

The penalty af ter considering the two mitigating circumtances is prision correccional in its

maximum period since this is a complex crime. The maximum term of the indeterminate penalty

is prision correccional in its maximum period. The minimum term is arresto mayor, the penalty

next lower in degree  from prision correccional, which may be imposed by the court within its

range or in any of its periods.

9.  Where there are privileged and ordinary mitigating circumstances

The penalty f or murder is reclusion temporal in its maximum period to death. The penalty next

lower in degree is prision mayor in its maximum period to reclusion temporal in its minimum

and the medium periods. There being a mitigating circumstance of plea of  guilty, without any

aggravating circumstance to off set it, the penalty one degree lower (prision mayor in its

maximum period to reclusion temporal in its minimum and medium periods) should be imposed

in its minimum period, which is prision mayor in its maximum period.

10. The penalty of   reclusion temporal should be imposed in the minimum period. The maximum

term of  the indeterminate penalty is reclusion temporal minimum and the minimum is prision

mayor in any of its period or anywhere within its range.