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All Jurisprudence based

0 tracked cards Criminal Law

X, convicted of arson, an offense punishable by imprisonment not less than six (6) years and not more than fourteen (14) years under the Revised Penal Code. The trial court imposes a minimum term of eight (8) years and a maximum term of fifteen (15) years under the Indeterminate Sentence Law (Act No. 4103, as amended). (a) Is X’s ISL sentence valid? Explain briefly. (b) If not, state the proper maximum term and provide the corrected minimum term that would be within the permissible range. (c) After serving the minimum term, is X eligible for parole? Explain the condition and what happens if parole is denied.

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The ISL sentence is invalid because the minimum term of eight (8) years is greater than the minimum penalty of six (6) years; therefore both minimum and maximum terms must be recalculated within the range, but the court’s initial minimum is already permissible; parole would still apply after the minimum term. The ISL sentence is invalid because the maximum term is fifteen (15) years which is beyond the RPC maximum; the judge must set the maximum to fourteen (14) years and the minimum to at least six (6) years; parole rules would then apply as usual. The ISL sentence is valid but parole is automatic after serving the minimum term if the convict has no prior offenses; if parole is denied, the inmate remains in custody until the maximum term elapses. The ISL sentence is invalid because the maximum term of fifteen (15) years exceeds the RPC maximum of fourteen (14) years; the proper maximum is fourteen (14) years; the corrected minimum term that would be within the permissible range is eight (8) years (no change). After serving the minimum term, X is eligible for parole; if parole is denied, he remains imprisoned until the maximum term of fourteen (14) years expires.

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