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All Jurisprudence based

0 tracked cards Criminal Law

A person is convicted of theft, an offense punishable by imprisonment not less than four (4) years and not more than ten (10) years under the Revised Penal Code. The trial court imposes a minimum term of five (5) years and a maximum term of eleven (11) years under the Indeterminate Sentence Law (Act No. 4103, as amended). (a) Is the 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 the offender eligible for parole? Explain the condition and what happens if parole is denied.

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Yes. The ISL sentence is valid because the court can fix a maximum beyond the RPC maximum; Parole is automatically granted after the minimum. No. The ISL cannot be applied to theft; ISL is not applicable to this offense. No. The maximum term cannot exceed the RPC maximum; a proper maximum is ten years; the minimum should be at least four years. No. The ISL maximum term cannot exceed the RPC maximum; the proper maximum is ten years, and the corrected minimum term that would be within range is five years. After serving the minimum term, the offender is eligible for parole, but parole is not guaranteed; if parole is denied, he remains in custody until the maximum term.

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