A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetuato death. Under R.A. 9344, a minor offender is entitled to a privilege mitigating circumstance. (8%)
(A) May the privilege mitigating circumstance of minority be appreciated considering that the penalty imposed by law is life imprisonment and fine?
(B) Is the Indeterminate Sentence Law applicable considering that life imprisonment has no fixed duration and the Dangerous Drugs Law is malum prohibitum?
(C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by Aand given due course by the court, may A still file an application for probation?
(D) If probation is not allowed by the court, how will Aserve his sentence?
Suggested answer only. Not an official answer and not legal advice.
(A) Yes, minority applies; (B) Yes, ISL applies; (C) Yes, A may apply for probation; and (D) A will serve sentence in an agricultural camp. Under Section 98, RA 9165, life imprisonment is converted to reclusion perpetua for minors,
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Quick check
How is the penalty of life imprisonment under RA 9165 modified for a minor offender under Section 98?
Section 98 of RA 9165 converts life imprisonment to reclusion perpetua to death for minor offenders.
Why does the Indeterminate Sentence Law apply to a minor offender convicted of illegal drug possession under RA 9165?
Conversion to reclusion perpetua and reduction by privileged minority render the penalty divisible for ISL application.
Can a minor offender under RA 9344 apply for probation after filing a notice of appeal from a conviction?
Section 42 of RA 9344 explicitly permits minor offenders to apply for probation at any time notwithstanding an appeal.
Where shall a child in conflict with the law serve sentence if probation is not granted by the court?
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What is the effect of privileged minority under Article 68 RPC and RA 9344 on a converted penalty of reclusion perpetua?
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Learn more about these topics
1. Minority Penalty Conversion
Under Section 98 of Republic Act No. 9165, when a minor commits an offense punishable by life imprisonment to death, the penalty is automatically converted to reclusion perpetua to death. This statutory conversion brings the penalty within the divisible scale of the Revised Penal Code. Consequently, the privileged mitigating circumstance of minority under Article 68 of the RPC and RA 9344 applies, reducing the penalty by one degree to reclusion temporal.
2. Indeterminate Sentence Application
The Indeterminate Sentence Law applies to special penal laws when the penalty imposed is divisible or has been converted into a divisible penalty. Once life imprisonment under RA 9165 is converted to reclusion perpetua for a child in conflict with the law and subsequently lowered by privileged minority to reclusion temporal, the penalty becomes divisible. Therefore, the court must fix an indeterminate sentence consisting of a minimum and maximum term.
3. Probation and Execution
Under Section 42 of Republic Act No. 9344, a child in conflict with the law may apply for probation at any time, even after appealing the conviction, as an exception to the general probation rule. Furthermore, under Section 51 of RA 9344, if probation is denied or inapplicable, a minor offender shall serve the sentence in an agricultural camp or other training facility established by the government rather than a regular penal institution.