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    Rules in Using Isl: 1. Determine Whether ISL Is Applicable

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    Nikki Tricia Reyes Santos
    This document outlines the steps to determine the appropriate penalty period under the Rules in Using the Revised Penal Code in the Philippines. It discusses determining if the Revised Penal Code (RPC) is applicable, familiarizing with penalty tables, determining the prescribed period based on mitigating and aggravating circumstances, and calculating the maximum and minimum penalty periods.

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    Rules in Using Isl: 1. Determine Whether ISL Is Applicable

    Uploaded by

    Nikki Tricia Reyes Santos
    54 views3 pages
    This document outlines the steps to determine the appropriate penalty period under the Rules in Using the Revised Penal Code in the Philippines. It discusses determining if the Revised Penal Code (RPC) is applicable, familiarizing with penalty tables, determining the prescribed period based on mitigating and aggravating circumstances, and calculating the maximum and minimum penalty periods.

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    ISL-computation

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    This document outlines the steps to determine the appropriate penalty period under the Rules in Using the Revised Penal Code in the Philippines. It discusses determining if the Revised Penal Code (RPC) is applicable, familiarizing with penalty tables, determining the prescribed period based on mitigating and aggravating circumstances, and calculating the maximum and minimum penalty periods.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    54 views3 pages

    Rules in Using Isl: 1. Determine Whether ISL Is Applicable

    Uploaded by

    Nikki Tricia Reyes Santos
    This document outlines the steps to determine the appropriate penalty period under the Rules in Using the Revised Penal Code in the Philippines. It discusses determining if the Revised Penal Code (RPC) is applicable, familiarizing with penalty tables, determining the prescribed period based on mitigating and aggravating circumstances, and calculating the maximum and minimum penalty periods.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    RULES IN USING ISL

    1. Determine whether ISL is applicable

    2. Familiarize with the table of penalties.


    Minimum Maximum
    Reclusion Temporal- 12 years and 1 day 20 years
    Prision Mayor 6 years and 1 day 12 years
    Prision correccional 6 months and 1 day 6 years
    Note- RP, Arresto Mayor, and Arresto Menor are not applicable

    3. Determine the period prescribe by law.


    The possible scenarios that we will use are the following:
    1 degree= 1 whole period 1 degree = 2/3 period 1 degree= 1/3 period
    Reclusion temporal RTmed-RT max RT min

    4. (Optional) Determine the corresponding length of


    period
    Using 1 degree = 1 whole period this will help in determining the other periods for others

    Reclusion Temporal is from 12yrs 1 day to 20 years. This is equivalent to 8 years or 96 months. Dividing 96 months
    into 3 periods, we will arrive with the three terms, the maximum, medium and minimum. 96 divided by 3 is 32months.
    So each divided term (min, med, max) has 2 years and 8 months or (32 months) each.

    Minimum Maximum length of period


    Reclusion Temporal as a
    whole 12 years and 1 day 20 years 8 years or 96 months

    applying the division of minimum, medium, and maximum, we will arrive at this

    Minimum Maximum length of period


    RT Maximum 17 yrs 4 mo. 1 day 20 years 2 yrs 8 mo or 32 months
    RT Medium 14yrs 8 mo 1day 17 yrs 4 mo. 2 yrs 8 mo or 32 months
    RT Minimum 12 yrs and 1 day 14 yrs and 8mo. 2 yrs 8 mo or 32 months

    Take note the minimum of the RT Minimum is 12 yrs and 1 day, and the Maximum of the RT maximum is 20 years.
    This shows that the subdivided terms of RT fit within the whole RT period.

    Going back to the three possible senarios, we will now determine the minimum and maximum of each period

    1 degree= 1 whole period 1 degree = 2/3 period 1 degree= 1/3 period


    Reclusion temporal RTmed-RT max RT min
    Maximum 20 years 20 years 14 yrs and 8mo.
    Minimum 12 yrs and 1 day 14yrs 8 mo 1day 12 yrs and 1 day

    Use at your own risk. MMP


    5. Determine the maximum period.
    5.a In determining the maximum period, always remember that the period prescribed will always be divided by three.

    1 degree= 1 whole period 1 degree = 2/3 period 1 degree= 1/3 period


    Reclusion temporal RTmed-RT max RT min
    Maximum RT max RT med- Max (max) RT Min (Max)
    Medium RT med RT med- Max (med) RT Min (Med)
    Minimum RT Min RT med- Max (min) RT Min (Min)

    Applying the concept of dividing the period into three, you will arrive at the specific length of period.

    1 degree= 1 whole period 1 degree = 2/3 period 1 degree= 1/3 period


    Reclusion temporal RTmed-RT max RT min
    Length of the whole 5 years 4 months or 64
    8 years or 96 months 2 yrs 8 mo or 32 months
    degree months
    length of period (divided
    2 yrs 8 mo or 32 months 21.33 months 10.67 months
    by 3)

    5.b. Apply the concepts of mitigating and aggravating circumstance.


    Rules: Ordinary Mitigating sets the penalty to its minimum within the prescribed period
    Ordinary Aggravating sets the penalty to its maximum within the prescribed period
    Ordinary mitigating and Ordinary aggravating cancel each other. Apply the rule on
    subtraction
    Privileged Mitigating lowers the penalty prescribe by period.
    Privileged Aggravating cannot be cancelled out by mitigating, but it only sets the penalty
    to its maximum within the prescribe period
    Two ordinary mitigating, without aggravating, is equivalent to 1 privilege mitigating.
    Regardless of number of aggravating, it only sets the penalty to the maximum within the
    same prescribed period

    5.c. Determine the Prescribed Period whether there is Privileged Mitigating or not. If there is none, the prescribed
    period is the one prescribed by RPC.

    1 period= 1 whole term 1 period = 2/3 term 1 period= 1/3 term


    Prescribed period by RPC Reclusion temporal RTmed-RT max RT min
    1 degree Lower Prision Mayor PM max -RT min PM max
    2 degrees Lower Prision correccional PM min -PM med PM med

    Remember we are still determining the maximum period, the prescribed penalty will be divided by 3, there are 3
    possible scenarios
    Prescribed Period
    No circumstance in its Medium
    With ordinary/privileged aggravating in its Maximum
    with ordinary mitigating in its Minimum

    Use at your own risk. MMP


    Assuming there is 1 Privileged mitigating, the prescribed period is 1 degree lower. Applying the two preceding
    concepts, we will arrive at the maximum period for the possible scenarios

    1 period= 1 whole term 1 period = 2/3 term 1 period= 1/3 term


    Prescribed Period (1
    degree Lower) Prision Mayor PM max -RT min PM max
    No other circumstance PM Med PM max -RT min (Med) PM max (med)
    With ordinary/privileged
    aggravating PM Max PM max -RT min (Max) PM max (max)
    with ordinary mitigating PM Min PM max -RT min (Min) PM max (min)

    6. Determine the minimum period. Minimum period is always 1 degree lower from the prescribed period. Applying
    the same concept of the degree lowered depends whether 1 degree is equivalent to 1 whole period, 2/3 period or 1/3
    period. It is always equivalent to what was prescribed.
    Remember, the whole minimum period is NOT divided like the one above. So the whole degree lower will be the
    minimum period

    Using the example above, with 1 privileged mitigating, and no other circumstance, the following are the minimum
    period for the possible scenarios

    1 period= 1 whole term 1 period = 2/3 term 1 period= 1/3 term


    Prescribed Period (1
    degree Lower) Prision Mayor PM max -RT min PM max
    No other circumstance Prision correccional (any) PM min-med (any) PM med (any)

    Using the example above, with 1 privileged mitigating, and no other circumstance, the following are the period for the
    possible scenarios
    1 period= 1 whole term 1 period = 2/3 term 1 period= 1/3 term
    Prescribed period by RPC Reclusion temporal RTmed-RT max RT min
    Maximum period PM Med PM max -RT min (Med) PM max (med)
    Minimum period Prision correccional (any) PM min-med (any) PM med (any)

    Use at your own risk. MMP

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