This case has been cited 1 times or more.
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2003-09-23 |
AUSTRIA-MARTINEZ, J. |
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| Moreover, imposing the maximum penalty of imprisonment of four years, four months and one day of prision correccional is also incorrect as it is outside the range of the penalty imposable in this case. Republic Act No. 7659, which took effect on December 13, 1993, modified the penalties prescribed by Republic Act No. 6425. Where the quantity of prohibited drugs involved is less than 250 grams, the penalty to be imposed shall be prision correccional. Applying further the Indeterminate Sentence Law, and there being no aggravating or mitigating circumstances,[11] the penalty imposable is reduced to any period within arresto mayor, as minimum term, to the medium period of prision correccional as the maximum term, or an indeterminate sentence of six months of arresto mayor as minimum to prision correccional in its medium period ranging from two years and four months and one day to four years and two months, as maximum.[12] | |||||