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Penalty Computation for Non-Three Periods

This document provides an example calculation for dividing a prison sentence not composed of three periods into three equal portions or periods. It gives the specific example of the penalty under Philippine law of "prision correccional" for the crime of infanticide. The penalty range is divided into minimum, medium, and maximum periods through addition of 1 year, 2 months, and 20 days (the length of each portion) across the range.

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Joannah Salamat
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98 views2 pages

Penalty Computation for Non-Three Periods

This document provides an example calculation for dividing a prison sentence not composed of three periods into three equal portions or periods. It gives the specific example of the penalty under Philippine law of "prision correccional" for the crime of infanticide. The penalty range is divided into minimum, medium, and maximum periods through addition of 1 year, 2 months, and 20 days (the length of each portion) across the range.

Uploaded by

Joannah Salamat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Art.

65
RULE IN CASES IN WHICH THE PENALTY IS NOT COMPOSED OF THREE PERIODS. — In cases in
which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal portions of time included in the penalty
prescribed, and forming one period of each of the three portions

Illustration of the computation when the penalty is not composed of three periods

Prision correccional in its medium and maximum periods is the penalty prescribed by the Code for
infanticide committed by the mother to conceal her dishonor

The duration of each portion after dividing the duration of the penalty into three equal portions is 1 year, 2
months and 20 days.

Since the minimum prescribed by law is 2 years and 4 months, and the duration of each portion is 1 year,
2 months and 20 days, the time comprised in the minimum is from 2 years, 4 months and 1 day to 3 years,
6 months and 20 days. Computation: The minimum of the minimum is 2 years, 4 months and 1 day. To
obtain the maximum of the minimum we have to add 1 year, 2 months and 20 days to 2 years and 4 months.
Therefore, the maximum of the minimum is 3 years, 6 months and 20 days, computed as follows:

To obtain the minimum of the medium, add 1 day to the maximum of the minimum and make it the minimum
of the medium

Then, to obtain the maximum of the medium, we compute as follows:


To obtain the minimum of the maximum, we have to add 1 day to the maximum of the medium and make
it the minimum of the maximum:

To obtain the maximum of the maximum, we have to add 1 year, 2 months and 20 days to 4 years, 9 months
and 11 days, as follows:

Hence, the maximum is from 4 years, 9 months, and 11 days to 6 years

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