Crim Assignment

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A, B and C in conspiracy with one and another killed D.

At the time of the


commission of the felony, A was still 16 but acted with discernment; B
committed the crime with vindication of a grave offense as D maltreated
the former’s younger sister who worked as a domestic servant of D while
C committed the crime with obvious ungratefulness or abuse of confidence
as D allowed him in his home and treated him as his own family. The court
found them guilty beyond reasonable doubt for the crime of Homicide with
a prescribed penalty of reclusion temporal. If you were the judge, how
would you render their respective indeterminate penalty taking into
consideration the provisions under the Law of Indeterminate Sentence and
the circumstances attending the commission of the crime by all accused?

1. What is the ISL?


The Indeterminate Sentence Law (ISL) is a law that allows courts to set both a
minimum and maximum sentence for people convicted of certain crimes. The goal
is to offer a more flexible sentencing system that focuses on the possibility of parole
and rehabilitation. It applies to crimes punished by the Revised Penal Code and
certain other laws.
2. What is the purpose of the ISL?
The ISL aims to help prisoners rehabilitate and eventually reintegrate into society. It
provides a chance for early release through parole if the offender shows good
behavior and is deemed fit to return to the community. It encourages inmates to
reform and reduces prison overcrowding.
3. When is the ISL applicable?
The ISL applies to individuals convicted of crimes where the penalty is not explicitly
excluded by law. For crimes under the Philippine Legislature (except the Revised
Penal Code), the court sets a minimum sentence (not less than the law's minimum
term) and a maximum sentence (not exceeding the law's maximum). For crimes
under the Revised Penal Code, the minimum term is at least one penalty level lower
than what is prescribed for the offense.
4. In what instances would the ISL not apply? The ISL does not apply to the
following:
• Crimes punishable by death or life imprisonment • Treason, conspiracy or proposal
to commit treason
• Misprision of treason, sedition, or espionage
Piracy
• Habitual delinquents (repeat offenders)
• Escapees who have evaded their sentence Those who have violated a conditional
pardon
Answer should be like this one:
ATTEMPTED HOMICIDE and are hereby sentenced to suffer the indeterminate
penalty of six (6) months of arresto mayor, as minimum, to four (4) years and two
(2) months of prision correccional, as maximum.
article 68 paragraph 2 para di mo mag libog mao na ang legal bases for A's penalty
B & C is naa sa article 64

Other answer
The act of one is the act of all
A - min B - min C - max
A & B - mitigating C - aggravating

CHATGPT:
A: Indeterminate penalty of 6 months and 1 day of prision correccional as minimum
to 6 years and 1 day of prision mayor as maximum. • B: Indeterminate penalty of 6
years and 1 day of prision mayor as minimum to 12 years and 1 day of reclusion
temporal as maximum. • C: Indeterminate penalty of 6 years and 1 day of prision
mayor as minimum to 17 years and 4 months of reclusion temporal as maximum.

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