Rule 120 PDF

ABBMR RULE 120 Section 2. Contents of the judgment. — If the judgment is of conviction, it shall state: JUDGMENT...

ABBMR RULE 120 Section 2. Contents of the judgment. — If the judgment is of conviction, it shall state: JUDGMENT 1. the legal quali cation of the offense constituted by the acts committed by Section 1. Judgment de nition and form. the accused and the aggravating or Judgment is the adjudication by the mitigating circumstances which court that the accused is guilty or attended its commission; not guilty of the offense charged and 2. the participation of the accused in the imposition on him of the proper the offense, whether as principal, penalty and civil liability, if any. It accomplice, or accessory after the must be written in the official fact; language, personally and directly 3. the penalty imposed upon the prepared by the judge and signed by accused; and him and shall contain clearly and 4. the civil liability or damages caused distinctly a statement of the facts and by his wrongful act or omission to be the law upon which it is based. (1a) recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability Formal Requirements of a Valid by a separate civil action has been Judgment: reserved or waived. It must be written in the official language. “It is intended, among other things, to Personally and directly prepared by inform the parties of the reason or the judge; and reasons for the decision so that if any Signed by him and shall contain of them appeals, he can point out to clearly and distinctly a statement of the appellate court the ndings of the facts and the law upon which it is facts or the rulings on points of law based. which he disagrees with. More than that, the requirement is an Jurisdictional Requirements of a Valid assurance to the parties that, in Judgment: Three Elements of Jurisdiction reaching judgment, the judge did so Jurisdiction over the Subject Matter; through the processes of legal Territorial Jurisdiction; and reasoning.” (People vs Bugarin, 273 Jurisdiction Over the Person of the SCRA 384) Accused “However, the order of dismissal must Remedy if judgment is not in writing: be written in the official language, File a Petition for Mandamus to personally and directly prepared by compel the judge to put in writing the the judge and signed by him decision of the court. conformably with the provisions of Judgment pronounces the disposition Rule 120, Section 2 of the Rules of of the case. Ratio decidendi provides Court. In the instant case, it is very the basic reason for such clear that the order was merely determination. (Republic vs Cuevas, dictated in open court by the trial 11 November 1975) judge. There is no showing that this verbal order of dismissal was ever 26  ABBMR reduced to writing and duly signed by accused committed the crime. him.” There can still be civil liability. “Thus, it did not attain the effect of a In either case, the judgment shall judgment of acquittal, so that it was determine if the act or omission from still within the powers of the judge to which the civil liability might arise set it aside and enter another order, did not exist. now in writing and duly signed by him, reinstating the case.” (Abay Sr. Repetition of Section 2, Rule 111 vs. Garcia, 162 SCRA 665) ○ When the judgment acquits the ○ Private complainant was late in accused, the judgment should arriving in court. The judge state whether the evidence of dismissed the case. When they the prosecution absolutely arrived, the PC and lawyer was failed to prove the guilt of the able to explain; late was accused or merely failed to justi ed. The court has orally prove the guilt beyond ordered dismissal to case. The reasonable doubt. judge reinstated. Accused argued that there has been Judgment of acquittal is considered dismissal. SC was not valid, nal and executory order. ORAL only and not in writing. ○ Reason: There can be no appeal in a judgment of A verbal judgment is incomplete acquittal no matter how and invalid as it does not come erroneous. To rule otherwise contain ndings of facts and is not will place the accused in double signed by the judge. The in rmity, jeopardy. however, may be corrected by a Acquittal = nal & subsequent full-blown judgment. executory There can be no oral judgment. Conviction = 15 period (People vs Lascuna, 18 August 1993) for appeal Final Order In case the judgment is of acquittal, it ○ Disposes of the whole subject shall state whether the evidence of matter or terminates a the prosecution absolutely failed to particular issue leaving prove the guilt of the accused or nothing to be done but to merely failed to prove his guilt enforce by execution what beyond reasonable doubt. In either has been determined. case, the judgment shall determine if ○ Example: the act or omission from which the Order Denying a Motion civil liability might arise did not exist. for Reconsideration (2a) When the MR is denied, ○ If the accused did not commit the original court cannot the crime, no civil liability hear the case any further arising from it as there is already a ○ If there is no proof beyond conclusion of facts. reasonable doubt, possible the Can question the nal order under Rules 40-45 27  ABBMR (People vs Castillo, 06 September Interlocutory Order: 1996) ○ Issued by the court when the ○ In rape, moral damages may be proceeding is not yet awarded without need for terminated because not all pleading or proof. (People vs matters of the proceedings Prades, 293 SCRA 411) have been nished. ○ Moral suffering that the ○ Example: Denial of Motion to offended party or their family Quash suffered due to the criminal act. Can question the nal ○ Examples: Undue anxiety, order under Rule 65. sleepless nights, wounded Civil Liability in case of acquittal: feelings 1. If the acquittal is based on reasonable ○ There is no need to present a doubt; failed to reach the level of evidence needed psychologist or psychiatrist to 2. The decision contains a declaration prove these. The mere that the liability of the accused is not testimony is already sufficient. criminal but only civil; 3. The civil liability is not derived from Exemplary – Where there are no or based on the criminal act which the aggravating circumstances, no award accused is acquitted (Sadio vs RTC, of exemplary damages. (People vs 24 September 1991) Manggasin, 21 April 1999) a. This source of liability is not ex ○ It is awarded when the crime delicto. The source is not the was committed with one or criminal act but another source more aggravating Civil aspect – preponderance of evidence circumstances. Criminal aspect – proof beyond reasonable ○ Exemplary damages, while doubt generally awarded where the There appears to be no sound reason presence of an aggravating to require a separate civil action to circumstance is alleged and still be led considering that the facts proved, such damages may be to be proved in the civil case have exceptionally allowed even in already been established in the the absence of such criminal proceedings where the circumstance when the court accused was acquitted. Due process nds that the facts of the case has been accorded to the accused. show the highly reprehensible (Padilla vs Court of Appeals, 31 May or outrageous conduct of the 1984) offender. (People vs Combate, ○ No need to le a separate civil 15 December 2010) action when there has been an ○ Being corrective in nature, adjudication. exemplary damages may be awarded where the Civil Liability Arising from Crimes: circumstances of the case show Moral Damages – It must be separate highly reprehensible or from actual damages and should not outrageous conduct of the be lumped into the whole amount. offender. MORAL SUFFERING - undue anxiety, sleepless nights, wounded feelings 28  ABBMR ○ Also known as VINDICTIVE, party may only be awarded PUNITIVE or CORRECTIVE actual damages when the DAMAGES. pecuniary loss he or she had Nominal – nominal damages are only suffered was duly proven. (Guy awarded to vindicate or recognize a vs Tulfo, 10 April 2019) right that has been violated, and not There must be to indemnify a party for any loss proof/evidence. suffered by the latter. They are not ○ It must include life expectancy awarded as a simple replacement for and loss of capacity earning actual damages that were not duly (People vs Marollano, 24 July proven during trial. (Seven Brothers 1997) Shipping vs DMC Construction, 26 ○ Documentary evidence should November 2014) be presented to substantiate a Temperate – awarded if the court claim for loss of earning nds that some nds that some capacity. (People vs Mallari, 17 pecuniary loss has been suffered but June 2003) its amount cannot be proven with ○ Computation of award for loss certainty. (People vs Dela Cruz, 24 of earning capacity is based on December 2008) life expectancy of the ○ Pecuniary loss – it can be deceased, and not the quanti ed in terms of money, bene ciary. (PAL vs CA, 08 May however, you cannot prove 1990) (walang resibo/proof of the How long ba nabubuhay amount) yung victim? ○ Where actual damages proved ○ Compensation for loss of amount is less than P25,000.00, earning capacity, not required temperate damages in the that the victim is gainfully amount of P25,000.00 shall be employed. It is given not for awarded in lieu of actual loss of earnings but the damages. (People vs Barriga, capacity to earn money (People 29 September 2008) vs Tehankee, Jr., 06 October ○ Also known as Moderate 1996) Damages ○ Attorney’s Fees – only awarded Actual – are “compensation for an when a separate civil action to injury that will put the injured party recover civil liability has been in the position where it was before led or when exemplary the injury. They pertain to such damages are awarded (People injuries or losses that are actually vs Teehankee, Jr., 06 October sustained and susceptible of 1996) measurement.” (ICTSI vs Chua, 730 ○ Awarded to the private Phil. 475, 2014) offended party and not to the ○ BP 22 (actual damage = amount lawyer. of the check) Reasonable Doubt: ○ Actual Damages constitute The state of the case which, after full compensation for sustained consideration of all the evidence, pecuniary loss. Nevertheless, a leaves the mind of the judge in such a 29  MUST ABBMR condition that he cannot say that he may move quashals of this feels an abiding conviction, to a moral information, if the court grants certainty, of the truth of the charge. it then information is quashed. (Cruz vs Concepcion, 25 August 1994) Information charges more than two NO REQUIREMENT OF ABSOLUTE CERTAINTY offenses. Acquittal Remedy is Motion to Quash A nding of not guilty based on the If not quashed, deemed waived merits, that is, the accused is May be convicted as many offenses acquitted because the evidence does charged in the information. not show that his guilt is beyond set out ○ The court must lay down the reasonable doubt, or a dismissal of factual ndings for the the case after the prosecution has in each of the offense duplicitous information. rested its case upon motion of the However, in the service of sentence, accused on the ground that the the maximum duration of the court’s evidence fails to show beyond sentence shall not be more than the reasonable doubt that the accused is three-fold the length of time guilty. corresponding to the most severe of It is well-settled that acquittal, in a the penalties imposed upon the criminal case is immediately nal and accused, and as such maximum shall executory upon its promulgation, and in no case exceed forty (40) years. that accordingly, the State may not seek its review without placing the Section 4. Judgment in case of variance accused in double jeopardy. (Barbers between allegation and proof. vs Laguio, 15 February 2001) When there is variance between the An acquittal of an accused based on offense charged in the complaint or reasonable doubt does not bar the information and that proved, and the offended party from ling a offense as charged is included in or separate civil action based on other necessarily includes the offense sources of obligation. proved, the accused shall be convicted of the offense proved Section 3. Judgment for two or more which is included in the offense offenses. charged, or of the offense charged When two or more offenses are which is included in the offense charged in a single complaint or proved. (4a) information but the accused fails to If convicted of a crime necessarily object to it before trial, the court may included, then well and good. convict him of as many offenses as are WHAT IF THE CRIME PROVEN IS charged and proved, and impose on TOTALLY DIFFERENT FROM THE him the penalty for each offense, CRIME CHARGED? setting out separately the ndings of ○ Apply Section 19, Rule 119 – In fact and law in each offense. (3a) such case, the court shall ○ Duplicitous information → 1 commit the accused to answer commission of the crime = 1 for the proper offense and count = 1 information; 2 counts dismiss the original case upon in 1 information = ling of the proper information. DUPLICITOUS and the accused 30  ABBMR General Rule: An accused can be Exception: Where the facts supervened convicted of an offense only when it after the ling of the information which is both charged and proved. change the nature of the offense. ○ If it is not charged although proved, or if it is not proved although charged, the accused Section 5. When an offense includes or is CANNOT be convicted thereof. included in another. EXCEPTION: When there is a variance An offense charged necessarily between the offense charged in the includes the offense proved when complaint or information and that some of the essential elements or proved, and the offense as charged is ingredients of the former, as alleged included in or necessarily includes in the complaint or information, the offense proved, the accused shall constitute the latter. And an offense be convicted of the offense proved charged is necessarily included in the which is included in the offense offense proved, when the essential of charged, or the offense charged which ingredients of the former constitute is included in the offense proved. or form a part of those constituting (People vs Rellota, 03 August 2010) the latter. (5a) ○ Although it is not charged, And an offense charged is necessarily accused can be convicted of included in the offense proved, when the crime as long as included the essential ingredients of the former in the crime originally constitute or form a part of those charged. constituting the latter. (People vs The prescription of the crimes Valdez, 18 January 2012) necessarily included in the crime However, take note that a person charged should be considered by the cannot be convicted of a more serious court. offense than that charged. The accused cannot be convicted of The accused can only be convicted for an offense lesser than that charged if homicide and the qualifying the said lesser offense had already circumstances of murder should be prescribed at the time the information treated only as ordinary aggravating is led. To hold otherwise would be to circumstances. sanction the circumvention of the law The same is true with theft and on prescription by simple expedient robbery. of accusing the defendant by the Theft is included in Robbery. graver offense. (Francisco vs CA, 30 Robbery is included in Brigandage. May 1983) Homicide is included in Murder. Slight, Less Serious and Serious General Rule: If what is proved by the Physical Injuries are included in prosecution evidence is an offense which is Attempted Homicide or Attempted included in the offense charged in the Murder. information, the accused may validly be Estafa is included in Malversation. convicted of the offense proved. Illegal Detention is included in Forcible Abduction. Rape is not included in Quali ed Seduction. 31  ABBMR Consented Abduction is not included of the accused and any judge of the in Seduction. (Amatan vs. Aujero) court rendering the judgment. Slight, less serious and serious physical injuries is NOT included in Rules on validity of promulgation of Consummated Homicide or Murder. judgment: An accused cannot be convicted for 1. The judgment have been rendered the lesser offense necessarily and promulgated during the included in the crime charged if at the incumbency of the judge who signed time of the ling of the information, it; the lesser offense has already 2. The presence of counsel during the prescribed. (Francisco vs CA, 30 May promulgation is not necessary; 1983) Charged as principal but convicted as Who may promulgate judgment: accessory (Vino vs People, 178 SCRA 1. Judge of the court in which it was 626) rendered; Malversation is not necessarily 2. Clerk of the said court court in the included in technical malversation. absence of the judge who rendered (Parungao vs Sandiganbayan, 197 judgment; or SCRA 173) 3. Executive judge of the RTC having Crime under the RPC was considered jurisdiction over the place of necessarily included in a special law. con nement or detention, when the (Pecho vs Sandiganbayan, 238 SCRA accused is con ned or detained and 116) upon the request of the judge who Crime under special law is necessarily rendered it. included under the RPC. (People vs Note: The judge is not required to personally Verzosa, 294 SCRA 466) promulgate the judgment. Types of Promulgation of Judgment Section 6. Promulgation of judgment. — under Section 6: Ordinary Judgment The judgment is promulgated by Promulgation for a Light Felony reading it in the presence of the Promulgation by Clerk of Court accused and any judge of the court in Promulgation of Executive Judge which it was rendered. However, if the Promulgation by Absentia conviction is for a light offense, the Promulgation by Recording the judgment may be pronounced in the Judgment presence of his counsel or representative. When the judge is Ordinary Judgment absent or outside of the province or The judgment is promulgated by city, the judgment may be reading it in the presence of the promulgated by the clerk of court. accused and any judge of the court in Promulgation is the official which it was rendered. proclamation or announcement of Can the decision of the RTC Branch 8 judgment. It consists of reading the of Davao City be promulgated before judgment or sentence in the presence the judge of RTC Branch 9 of Davao City? 32  ABBMR ○ YES. There is only ONE RTC but Judge X is the presiding judge of RTC many branches. 35. He penned a decision for case 456. Judge X then retired. Judge Y is Permanent & Temporary Vacancy of the appointed permanent judge to RTC 35. Judge VALID PROMULGATION The decision penned by Judge X was I. Temporary Vacancy: The judgment promulgated. Is the promulgation written by the judge can be used even valid? if the judge is absent. ○ NO, the judgment has to be A. Example: the judge was merely promulgated by the judge moved to a position of during his incumbency. So, the concurrent judicial level; judge remedy here, is for another is on vacation judge to write the judgment II. Permanent Vacancy: The judgment and then promulgate his own written by the judge cannot be judgment. (Pp vs Prades, 30 promulgated if he is absent. July 1998) A. Example: The judge was The presence of the accused is not demoted or promoted; death or Promulgation for a Light Felony required. retirement of the judge. However, if the conviction is for a NOTE: Ask "Who penned the decision?" -- whether temporary or permanent vacancy light offense, the judgment may be Other Examples: pronounced in the presence of his Judge A retired as presiding judge of counsel or representative. RTC 2. Judge B of RTC 3 was designated as acting judge of RTC 2. Is there promulgation by proxy? Judge B wrote the decision of a case Yes, if it is a light felony. Because the 123. one appearing in court is the Judge C was appointed as permanent counsel/representative. judge of RTC 2. Judge C had the decision penned by Judge B Promulgation by Clerk of Court promulgated. Is the promulgation When the judge is absent or outside of valid? the province or city, the judgment ○ YES, the promulgation is valid. may be promulgated by the clerk of Judge B did not retire. Judge B court. is still in the same court although in another branch. Promulgation of Executive Judge Indeed, it would have been If the accused is con ned or detained different altogether if the judge in another province or city, the whose decision was judgment may be promulgated by the promulgated had, prior to its executive judge of the Regional Trial promulgation, died, resigned, Court having jurisdiction over the retired, been dismissed, place of con nement or detention promoted to a higher court, or upon request of the court which appointed to another office rendered the judgment. with inconsistent functions. Promulgation by Absentia (People vs CFI of Quezon If the accused tried in absentia Branch 10, 227 SCRA 457) because he jumped bail or escaped 33  ABBMR from prison, the notice to him shall be Is the counsel of the accused required to served at his last known address. appear during promulgation? Regardless of the gravity of the NO. (Pangalino vs Nuevas, 152 SCRA offense, promulgation of judgment in 158) absentia is allowed under the Rules. If the judgment is for conviction and The only essential elements for its validity the failure of the accused to appear are: was without justi able cause, he 1. The judgment is recorded in the shall lose the remedies available in criminal docket; these rules against the judgment and 2. A copy thereof is served upon the the court shall order his arrest. Within accused in his last known address or fteen (15) days from promulgation of to his counsel. (Estrada vs People, 25 judgment, however, the accused may August 2005) surrender and le a motion for leave of court to avail of these remedies. Promulgation by Recording the Judgment He shall state the reasons for his In case the accused fails to appear at absence at the scheduled the scheduled date of promulgation of promulgation and if he proves that his judgment despite notice, the absence was for a justi able cause, he promulgation shall be made by shall be allowed to avail of said recording the judgment in the remedies within fteen (15) days from criminal docket and serving him a notice. copy thereof at his last known address or thru his counsel. When presence of the accused is NOT required: The court promulgating the judgment Promulgation for Light Offense; shall have authority to accept the Promulgation in Absentia; notice of appeal and to approve the When accused is acquitted (Pascua vs bail bond pending appeal; provided, Court of Appeals, 14 December 2000); that if the decision of the trial court When despite notice, failed to appear convicting the accused changed the (Florendo vs Court of Appeals, 20 nature of the offense from December 1994) non-bailable to bailable, the application for bail can only be led If the judgment is for conviction and and resolved by the appellate court – the accused’s failure to appear was Similar to Section 5, Rule 114 on Bail without justi able cause, he shall lose The proper clerk of court shall give the remedies available under the notice to the accused personally or Rules (Motion for Reconsideration, through his bondsman or warden and Motion for New Trial, Appeal) counsel, requiring him to be present against the judgment and the court at the promulgation of the decision. shall order his arrest. Within 15 days from promulgation of Is the offended party required to appear judgment, however, the accused may during promulgation? surrender and le a motion for leave NO. (Ramirez vs Macandog, 144 SCRA of court to avail of these remedies. 462) If the motion is granted, he may avail 34  ABBMR of the remedies with 15 days from despite notice, the promulgation shall be notice. He shall state the reasons for made by recording the judgment in the his absence at the scheduled criminal docket and serving him a copy promulgations and if he proves that thereof at his last known address or thru his his absence was justi able cause, he counsel. shall be allowed to avail of said remedies within 15 days from notice. If the judgment is for conviction and the (People vs De Grano, 05 June 2009) failure of the accused to appear was without justi able cause, he shall lose the remedies Judges are directed to take down available in these rules against the judgment notes of salient portions of the and the court shall order his arrest. Within hearing and to proceed in the fteen (15) days from promulgation of preparation of decisions without judgment, however, the accused may waiting for the Transcript of surrender and le a motion for leave of court Stenographic Notes (TSNs). With or to avail of these remedies. He shall state the without TSNs, the 90 day period for reasons for his absence at the scheduled deciding cases should be adhered promulgation and if he proves that his to. (Lawan vs Moleta, 19 June 1979) absence was for a justi able cause, he shall be allowed to avail of said remedies within fteen (15) days from notice. (6a) If the accused is con ned or detained in another province or city, the judgment may Section 7. Modi cation of judgment. — be promulgated by the executive judge of the Regional Trial Court having jurisdiction A judgment of conviction may, upon over the place of con nement or detention motion of the accused, be modi ed or upon request of the court which rendered set aside before it becomes nal or the judgment. The court promulgating the before appeal is perfected. judgment shall have authority to accept the Except where the death penalty is notice of appeal and to approve the bail imposed, a judgment becomes nal bond pending appeal; provided, that if the after the lapse of the period for decision of the trial court convicting the perfecting an appeal, or when the accused changed the nature of the offense sentence has been partially or totally from non-bailable to bailable, the satis ed or served, or when the application for bail can only be led and accused has waived in writing his resolved by the appellate court. right to appeal, or has applied for probation. (7a) The proper clerk of court shall give notice to the accused personally or through his MAY A JUDGMENT OF CONVICTION BE bondsman or warden and counsel, requiring MODIFIED OR SET ASIDE? him to be present at the promulgation of the YES, for as long as: decision. If the accused tried in absentia ○ The judgment had not yet because he jumped bail or escaped from become nal. prison, the notice to him shall be served at ○ Appeal has not been perfected. his last known address. Only a judgment of conviction may be modi ed or set aside. In case the accused fails to appear at the Only the accused moves for the modification of scheduled date of promulgation of judgment judgment of conviction. 35  ABBMR Judgment of acquittal becomes nal ○ When accused applied for immediately after promulgation and probation. tantamount to a waiver of cannot be modi ed or recalled as it the right to appeal will result to double jeopardy. The trial court may lose jurisdiction over the judgment even BEFORE the lapse of 15 CAN THE PROSECUTION MOVE TO days, when: MODIFY AND SET ASIDE THE JUDGMENT? The accused voluntarily submits to It would appear under the rules that it the execution of the judgment; is only the accused who is given this The accused perfects his appeal; privilege. The accused withdraws his appeal; The accused expressly waives in The prosecutor cannot ask for the writing his right to appeal; modi cation or setting aside of a The accused les a Petition for judgment of conviction because the Probation. rules clearly provide that a judgment of conviction may be modi ed or set Section 8. Entry of judgment. — aside by court who rendered the After a judgment has become nal, it decision upon motion of the accused. shall be entered in accordance with Rule 36. (8) The trial court can validly amend the Entry of Judgment, How Made: The civil portion of its decision within 15 recording of judgment or order in the days from promulgation thereof even book of entries of judgments shall though the appeal had in the constitute its entry. The record shall meantime already been perfected by contain the dispositive part of the the accused from judgment of judgment order and shall be signed by conviction. the clerk, with a certi cate that such judgment or order has become nal WHEN DOES THE JUDGMENT IN A and executory. (Rule 36) CRIMINAL CASE BECOME FINAL? The nal judgment of the court is It depends. carried into effect by a process called If it is a judgment of ACQUITTAL – “mittimus.” immediately executory after Mittimus is a process issued by the promulgation of judgment because it court after conviction to carry out the cannot be changed or appealed nal judgment, such as commanding anymore. a prison warden to hold the accused If it is a judgment of CONVICTION — in accordance with the terms of the ○ After lapse of the period to judgment. It shall be stayed during appeal, except when the death the pendency of the motion for penalty is imposed rehearing or reconsideration. ○ Even within the period to appeal when sentence has been Section 9. Existing provisions governing partially or totally satis ed or suspension of sentence, probation and served. parole not affected by this Rule. — ○ When accused waives in writing. Nothing in this Rule shall affect any existing provisions in the laws 36  ABBMR governing suspension of sentence, ○ Those who have been already probation or parole. (9a) serving sentences at the time the probation Law of 1976 Probation: The court may, after it became applicable. shall have convicted and sentenced a When the Court should deny the defendant within the period for application for Probation: perfecting an appeal, suspend the 1. Offender is in need of treatment that execution of the sentence and place can be provided most effectively by the defendant on probation for such his commitment to an institution; period and conditions it may deemed 2. There is undue risk that the offender best. No application for probation will commit another crime during the shall be entertained or granted if the period of probation; defendant has perfected an appeal 3. When probation will depreciate the from judgment of conviction. (PD 968, seriousness of the crime. Section 4) To qualify for probation, the penalty imposed is not higher than 6 years (until prision correcional) The basis of the coverage of the SENTENCE PERIOD OF Probation Law is gravity of the IMPOSED PROBATION offense. Fixing the cut-off at a maximum term of 6 years Not more than 1 Not more than 2 imprisonment is based on the year years assumption that those sentenced to More than 1 year Not more than 6 higher penalties pose too great a risk years to society, not just because of their demonstrated capability for serious Fine only, but At least equal to the wrongdoings but because of the offender serves number of days of gravity of the serious consequences of subsidiary subsidiary imprisonment imprisonment but the offense they might further not more than twice commit. such period Offenders disquali ed from Probation (PD 968, Section 9) Parole: The conditional release of an ○ Those sentenced to serve a offender from a penal or correctional maximum term of institution after he has served the imprisonment of more than 6 minimum period of his prison years sentence under the continued ○ Those charged with subversion custody of the state and under or any crime against national conditions that permit his security or public order; reincarceration if he violates the ○ Those previously convicted by conditions of his release. (Section 2 nal judgment of an offense (d) of Rules on Parole) - discretionary upon the punished by imprisonment not Parole Board less than 1 month and 1 day In Indeterminate Sentence Law, the Court is and/or a ne not less than required to indicate a minimum penalty. P200.00 ○ Those who have been once on probation; 37