Rule In Cases In Which The Penalty Is Not Composed Of Three Periods
On Criminal Law
Art. 65. .
In cases in which the penalty prescribed by law is not composed
of three periods, the courts shall apply the rules contained
in the foregoing articles, dividing into three equal portions
of time included in the penalty prescribed, and forming one period
of each of the three portions.
Computations:
Example: Prision Mayor (6 years, 1 day to 12 years)
1. subtract the minimum (disregard 1 day) from the maximum
12 years – 6 years = 6 years
2. Divide the difference by 3. 6 years / 3 = 2 years
3. Use the minimum (6 years and 1 day) as the minimum of
the minimum period. Then add the 2 years (disregarding the 1 day)
to the minimum to get the maximum of the minimum period.
6 years (minimum of the minimum)
+
2 years (difference)
-------------------------------------------
8 years (maximum of the minimum).
4. Use the maximum of the minimum period as the minimum of the
medium period and add 1 day to distinguish from the minimum
period. Then add 2 years to the minimum of the medium
(disregarding the 1 day) to get the maximum of the medium period.
8 years (minimum of the medium)
+
2 years (difference)
------------------------------------------
10 years (maximum of the medium)
Therefore, medium period of prision mayor = 8 years 1 day
to 10 years
5. Use the maximum of the medium period as the minimum of the
maximum pd, and add 1 day to distinguish it from the maximum
of the medium period. Then add 2 years to the minimum of the
maximum pd (disregarding the 1 day) to get the maximum of the
maximum period)
10 years (maximum of the medium)
+
2 years (difference)
----------------------------------------------
12 years (maximum of the maximum)
Therefore, maximum period of prision mayor = 10 years 1 day
to 12 years
Computation above is applicable to all others except to arresto mayor.
Example: Prision Mayor minimum (6 years 1 day to 8 years) only
1. Subtract minimum from the maximum.
8 years – 6 years = 2 years
2. Divide the difference by 3.
2 years / 3 = 8 months
3. Use the minimum of the given example as the minimum period.
Then to get to get the maximum of the minimum, add the 8 months.
6 years + 8 months = 6 years and 8 months
Therefore, minimum of prision mayor minimum = 6 years 1 day
to 6 years 8 months
4. Use the maximum of the minimum as the minimum of the medium
period. Add 1 day to distinguish it from the maximum of the
minimum. Add the 8 months and this becomes the maximum of the
medium
6 years 8 months + 8 months = 7 years 4 months
Therefore, the medium period of prision mayor minimum = 6
years, 8 months 1 day to 7 years, 4 months
5. Use the maximum of the medium as the minimum period of the
maximum period and add 1 day to distinguish. Add the 8 months
to get the maximum of the maximum
7 years 4, months + 8 months = 8 years
Therefore, maximum of prision mayor = 7 years, 4 months,
1 day to 8 years