2017 Criminal Law, Q10

Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The law prescribes the penalty of prision correccional, a divisible penalty whose minimum period is six months and one day to two years and four months; medium period is two years, four months and one day to four years and two months; and maximum period is four years, two months and one day to six years.
At arraignment, Sammy Peke pleads guilty to the crime charged.
(a) Explain how the Indeterminate Sentence Law is applied in crimes punished by special laws. (3%)
(b) Supposing the trial judge imposes a straight penalty of imprisonment for one year, is the penalty correct in the context of the Indeterminate Sentence Law? Explain your answer. (3%)

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How is the Indeterminate Sentence Law applied to special penal laws that adopt technical penalties from the Revised Penal Code?

What is the effect of a voluntary plea of guilty when a special law prescribes the penalty of prision correccional?

Why is the Indeterminate Sentence Law NOT applicable if the trial court imposes a sentence of imprisonment for one year?

What is the general rule for determining the minimum term of an indeterminate sentence under a special penal law without RPC nomenclature?

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Under what condition may a trial judge validly impose a straight penalty of imprisonment under Philippine criminal law?

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1. ISL Special Laws
Under Act No. 4103, or the Indeterminate Sentence Law, when an offense is punishable under a special penal law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by law, and the minimum term shall not be less than the minimum prescribed by the same law. However, if the special law adopts technical penalties from the Revised Penal Code, the rules of the Revised Penal Code governing the application of mitigating and aggravating circumstances and the computation of periods shall apply in determining the indeterminate penalty.

2. RPC Penalty Nomenclature
When a special penal law adopts technical terms and nomenclature of penalties from the Revised Penal Code, such as prision correccional, the crime is governed by the rules of the Revised Penal Code for applying penalties. Consequently, modifying circumstances such as a voluntary plea of guilty under Article 13 of the Revised Penal Code are appreciated to lower the imposable penalty to its proper period or degree. In such cases, the rules on determining the maximum and minimum terms under Section 1 of the Indeterminate Sentence Law follow the provisions of the Revised Penal Code.

3. Inapplicability of ISL
Under Section 2 of Act No. 4103, the Indeterminate Sentence Law does not apply to persons sentenced to a maximum term of imprisonment not exceeding one year. When the penalty actually imposed by the trial court after considering modifying circumstances is one year or less, the court is not required to fix an indeterminate sentence with a minimum and maximum period. Instead, the trial judge may validly impose a straight penalty of imprisonment, provided that the duration of the straight sentence falls within the proper statutory period prescribed by law.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026