ACT no. 4103 1.

) Determine the entire range of the

Penalty
ISLAW
2.) Determine if there is mitigating or
NOT Applied When: aggravating circumstance

 Convicted of offenses punished with MAXIMUM PERIOD: Reclusion temporal in

death or life imprisonment its medium period. ( medium since there is
 Those convicted of treason, conspiracy no mitigating or aggravating circumstance)
or proposal to commit treason,
misprision of treason, rebellion,sedition
or espionage or piracy. Included in its minimum period: From 12
 Those who are habitual delinquent year and 1 day to 14 years and 8 months

*Recidivist are entitled to an indeterminate Included in its medium period: From 14

sentence(People vs Jaranilla, GR 28574) years, 8 months and 1 day to 17 years and 4
months
 Those who shall have escaped
confinement or evaded sentence Included in its maximum: From 17 years, 4
 A minor who escaped from months and 1 day to 20 years
confinement in the reformatory is
entitled to the benefits of the law
because confinement is not considered What is the minimum penalty?
imprisonment
 Those who having been granted In getting the minimum penalty, the rule is
conditional pardon by the President to simply get the penalty one degree lower
shall have violated the terms thereof. from the maximum penalty (W/o taking into
 Those whose maximum period of account the mitigating and aggravating
imprisonment does not exceed one circumstance). Thus, the penalty, one
year degree lower from reclusion temporal,
 The Application of which is based upon without taking into account any mitigating
the penalty actually imposed in or aggravating circumstance, is prison
accordance with law. mayor. Prison mayor is now the minimum
 Those already serving final judgement penalty for the example.
upon the approval of this act MINIMUM PERIOD: Prision Mayor in its
 Those sentenced to the penalty of entire range
destierro or suspension
Included in its minimum period: From 6
years and 1 day to 8 years
How to get the maximum and minimum penalty Included in its medium period: From 8 years
in the Revised Penal Code: and 1 day to 10 years
For instance: In the crime of homicide, the Included in its maximum period: From 10
offender is sentenced to reclusion temporal years and 1 day to 12 years.

For the Maximum Penalty:

VALID SENTENCE: 6 years and 1 day as the first 2 is transformed into 1 privilege
minimum to 14 years,8months and 1 day as circumstance that turns the penalty one degree
maximum lower. The third mitigating, which is considered
one only will lower the penalty into ONE
Supposed there was ONE aggravating
PERIOD)
circumstance
=Minimum Penalty: Prision correccional(any
= the penalty would still be reclusion
period)
temporal but at MAXIMMUM PERIOD. ( Dun
sa three divisible penalty, medium and base FOUR Mitigating, No Aggravating
so presence of 1 aggravating, raise the
=Maximum Penalty: Prison Mayor, medium
penalty to 1 period )
period (The presence of four mitigating makes 2
=the minimum period would still be prison privilege mitigating, so lower by 2 degrees)
mayor but the period shall be discretionary
=Minimum Penalty: Aresto mayor, any period
upon the court.

FIVE Mitigating, No Aggravating

What if: There is homicide and reclusion
temporal with the following instances =Maximum Penalty: Prison mayor, minimum
period ( There are 2 privilege mitigating so the
One mitigating , No aggravating
penalty is 2 degree lower, the other 1 becomes
= Maximum Penalty: reclusion temporal in its generic and lowers it with period so minimum
MINIMUM period penalty)

=Minimum Penalty: Any period of Prison Mayor =Minimum Penalty: Aresto mayor (Any Period)
depending on the court

Note: the maximum lowering of degree can only

Two mitigating (Privilege mitigating), No cater two degree, thus, if there are 6 mitigating
Aggravating circumstances, the penalty will only lower by
two degree, with the minimum period applied)
=Maximum Penalty: Prision mayor in the
medium period (since 2 mitigating circ enables
privilege which in turn the penalty a degree
lower) (Medium period as to taking into account
that it is privileged; a presence of one
aggravating would increase it by one period)

=Minimum Penalty: Prision correccional (any

period)

Three mitigating, No Aggravating

Maximum Penalty: Prison Mayor in its minimum

Period ( Here there are 3 mitigating circ, where