This case has been cited 1 times or more.
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2004-04-14 |
AUSTRIA-MARTINEZ, J. |
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| Considering the actual penalty to be imposed upon appellant, as prescribed by law, is not reclusion perpetua or death, appellant is entitled to the application of the Indeterminate Sentence Law.[50] Thus, from the penalty of reclusion temporal, one degree lower is prision mayor or 6 years and 1 day to 12 years from which will be drawn the MINIMUM period of the indeterminate sentence; while pursuant to paragraph 2, Article 64 of the Revised Penal Code, in the absence of any modifying circumstance, the penalty prescribed by law should be imposed in its medium period, or anywhere between 14 years, 8 months and 1 day to 17 years and 4 months, as the MAXIMUM period of the indeterminate sentence. | |||||