In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder and was consequently sentenced with the penalty of reclusion perpetua for each count. A month after, he was likewise found guilty of five (5) counts of Grave Threats in a separate criminal proceeding, and hence, meted with the penalty of prision mayor for each count.
(a) What are the respective durations of the penalties of reclusion perpetua and prision mayor? (3%)
(b) How long will Mr. N serve all his penalties of imprisonment? Explain. (2.5%)
(c) May Mr. N avail of the benefits of the Indeterminate Sentence Law with respect to his convictions for Murder and Grave Threats? Explain. (3%)
(d) Is Mr. N considered a habitual delinquent? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Reclusion perpetua is 20 years and 1 day to 40 years, while prision mayor is 6 years and 1 day to 12 years; (b) Mr. N will serve 40 years; (c) ISL applies to Grave Threats, not Murder; and (d) he is not a habitual delinquent. Under Article 27
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Quick check
What is the statutory duration of the penalty of reclusion perpetua under Article 27 of the RPC?
Article 27 provides that reclusion perpetua has a duration of twenty years and one day to forty years.
Under Article 70 of the RPC, what is the absolute maximum limit for serving multiple terms of imprisonment?
Article 70 mandates that in no case shall the total period of imprisonment exceed forty years.
Why is the Indeterminate Sentence Law (Act No. 4103) inapplicable to a conviction for Murder penalized with reclusion perpetua?
Act No. 4103 explicitly excludes offenses penalized with indivisible penalties such as reclusion perpetua.
Which of the following crimes is included in the exclusive enumeration for Habitual Delinquency under Article 62(5) of the RPC?
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Is a convict sentenced to five counts of Grave Threats eligible for the benefits of the Indeterminate Sentence Law?
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Learn more about these topics
1. Penalty Durations
Under Article 27 of the Revised Penal Code, penalties are classified according to their duration. Reclusion perpetua is an indivisible penalty with a fixed duration of twenty years and one day to forty years. In contrast, prision mayor is a divisible penalty ranging from six years and one day to twelve years. Distinguishing between divisible and indivisible penalties is crucial because indivisible penalties are not subject to division into periods and carry specific statutory exclusions under indeterminate sentencing rules.
2. Maximum Service Cap
Under Article 70 of the Revised Penal Code, when an offender is sentenced to multiple penalties of imprisonment, the execution of sentences is governed by the three-fold rule. The maximum duration of the convict's sentence shall not exceed three times the length of the most severe penalty imposed upon him. However, the law explicitly provides an absolute upper ceiling, stipulating that in no case shall the total period of imprisonment exceed forty years, regardless of the number or severity of the individual convictions.
3. Habitual Delinquency Crimes
Under Article 62, paragraph 5 of the Revised Penal Code, habitual delinquency is a statutory aggravating circumstance that imposes an additional penalty upon a repeat offender. A person is deemed a habitual delinquent if, within ten years from last release or conviction, he is found guilty a third time or oftener of specific crimes. The law restrictively enumerates these crimes exclusively as serious or less serious physical injuries, robbery, theft, estafa, or falsification. Crimes like murder or grave threats are excluded.