Thank you so much po. Literal na naiiyak po ako sa tuwa dahil sa video nyo. Our Crim I prof never showed up and this vid helped a lot po in clarifying the application of this law
Thank you sir. I'm not in Law school pero I'm taking the board exam foe criminologist this december 2022. Never have I heard a better explanation than what you said in your video. Thank you so much for this free video sir. Godbless you po
If all teachers of law teach it as simply as you do, then more students will understand the subject. The truth however is, that most law instructors are guilty of convolutions in their explanations making the subject unclear and at times complicated. If the subject is not well understood in law schools, it is partly due to the instructor's thrust of impressing rather than to enlightening. Thanks that there are lawyers like you who meant to do the opposite.
Good Evening Fiscal! Just a clarification on your example where the accused was able to prove 8 mitigating circumstances and the fiscal was able to alleged 1 aggravating circumstance, will the maximum period in the application of ISLAW be reclusion temporal medium? Thank you!
Morning. No. The maximum term of imprisonment will only be placed in the medium (or in the example, reclusion temporal medium) if there is neither a mitigating nor aggravating circumstance OR if the ordinary mitgating and aggravating circumstances offset each other. Here, since there are 8 mitigating and 1 aggravating, that leaves 7 mitigating circumstances. In such a case, the maximum term will be placed in reclusion temporal minimum. It will not be lowered to 1 degree (prision mayor) even if there are 7 mitigating circumstances left.
Eto po ang rule on indeterminate sentence with respect to special laws: "if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same" Ibig pong sabihin nito is obligado po ang korte na mag impose ng INDETERMINATE SENTENCE, meaning dapat merong minimum at maximum term of imprisonment. Kaya nga po indeterminate sentence ang tawag dahil kelangan may minimum at maximum. Kung straight penalty lang na 1 year, magiging DETERMINATE SENTENCE na po yan. So bawal po yung sinasabi mo na straight penalty of 1 year. So in your example, if ang penalty provided for by the special law is 6 months to 6 years, pwedeng sentensyahan ang convict ng 6 months as minimum to 1 year as maximum, or pwede rin 1 year as minimum to 2 years as maximum, or pwede rin 2 years as minimum to 6 years as maximum, and so on and so forth, for as long as hindi bababa sa 6 months o lalagpas sa 6 years.
Atty. one last question, how to determine the medium period in indeterminate sentence law. some books i read only refers to minimum and maximum, how about the medium Atty 🤔
The purpose of the ISL is for judges to give a minimum and a maximum term of imprisonment in imposing a sentence. There is no medium term of imprisonment to speak of. For example, in homicide, the penalty imposable is reclusion temporal. The ISL directs the judge to impose an indeterminate sentence, that is, by imposing a minimum and a maximum term of imprisonment. Going back to the example, let us say the accused was able to prove the mitigating circumstance of voluntary surrender. The indeterminate sentence will be: FOR THE MINIMUM TERM: any range within prision mayor (because the ISL states that to get the minimum term of imprisonment, it should be 1 degree lower from the penalty imposable) FOR THE MAXIMUM TERM: any range within reclusion temporal minimum (because of d presence of 1 mitigating circumstance) Why must judges give an indeterminate sentence? For purposes of parole, that is, when the convict has served the minimum term of his imprisonment, he becomes eligible for parole.
Ang 1 yr and 1 month yan po ang minimum na bubunuin ng preso sa loob ng kulungan. Pag nagpakabait ang preso sa loob ng kulungan, pwede na syang makalabas (conditional release) after 1 yr and 1 month.
Thank you so much po. Literal na naiiyak po ako sa tuwa dahil sa video nyo. Our Crim I prof never showed up and this vid helped a lot po in clarifying the application of this law
thank you atty! Bar hopeful 2023 here! :)
Mas madali kong naintindihan dito after 4 ISLAW Related vids. thankyou po.
Thanks and you're welcome.
Thank you po 💓 this is a big help for student like me na medj nahihirapan sa pag intindi ng topics sa online class
Thank you sir. I'm not in Law school pero I'm taking the board exam foe criminologist this december 2022. Never have I heard a better explanation than what you said in your video. Thank you so much for this free video sir. Godbless you po
Welcome 😊
Salamat po, very simple yet very clear. 10/10. God bless you always fiscal
Salamat po fiscal. Mpkbuti nyo sumagot sa mga Tanong Ng MGA taong kulang sa kaalaman
You're welcome po.
Thank you po fiscal, it is easier to understand kapag ganito po ang way ng discussion. will listen pa po sa mga videos mo.
Welcome and Thank you, too!
Kakaexam lang po namin sa crim 1. Laking tulong po ng lecture niyo fiscal! more power
Salamat, po! 🙏
Thank you, Fiscal! You definitely made it simpler than how I had it at school during my first year!
Thank you so much po Fiscal, very clear lahat ng segundo informative walang sayang! ♥️🙏
Thanks for visiting 😊
Thank you, Fiscal! I never thought I can understand ISL in just 23:28minutes. You're amazing! 👏
Thanks! Good luck in your studies. 😊
Hello po Fiscal, gusto ko lang po magpasalamat sa effort at time na binibigay niyo sa channel na ito. Laking tulong talaga po, Atty. Salamat.
You're welcome! Thanks for visiting. 😊
Npkabait nyo pong fiscal at gling nyo po mgpliwanag sa mga tulad nmin na walang Lam sa mga kaso.patnubatan po kayo Ng panginoon
Maraming salamat po!
Thank you Fiscal...I will be glad if you upload lessons in Parole and Executive Clemency....
I will po, soon. Thanks.
Marami salamat po.Sobra galing.God bless.
You're welcome and thank you!
Thank you. this is definitely the simplest and clearest explanation.
Welcome
Thank you sir. Your explanation is quite simple and understandable.
Thank you so much Fiscal EJ! You saved me so much time in answering our assignment. Clear and concise.
you're welcome. thanks for visiting.
Thank you, Fiscal. Waiting for more lectures in Criminal law.
welcome. thanks!
ang galing nyo po mag paliwanag maraming salamat po Fiscal
If all teachers of law teach it as simply as you do, then more students will understand the subject. The truth however is, that most law instructors are guilty of convolutions in their explanations making the subject unclear and at times complicated. If the subject is not well understood in law schools, it is partly due to the instructor's thrust of impressing rather than to enlightening. Thanks that there are lawyers like you who meant to do the opposite.
Thank you 😊
Thank you Fiscal . .. very clear explanation.
You're welcome 😊
Thank you Fiscal for this very helpful lecture.
you're welcome
Good Evening Fiscal!
Just a clarification on your example where the accused was able to prove 8 mitigating circumstances and the fiscal was able to alleged 1 aggravating circumstance, will the maximum period in the application of ISLAW be reclusion temporal medium?
Thank you!
Morning. No. The maximum term of imprisonment will only be placed in the medium (or in the example, reclusion temporal medium) if there is neither a mitigating nor aggravating circumstance OR if the ordinary mitgating and aggravating circumstances offset each other. Here, since there are 8 mitigating and 1 aggravating, that leaves 7 mitigating circumstances. In such a case, the maximum term will be placed in reclusion temporal minimum. It will not be lowered to 1 degree (prision mayor) even if there are 7 mitigating circumstances left.
@@FiscalEJ Thank you fiscal!
Thank you for this fiscal!
Thank you, sir.
Welcome
Watching from bacoor city
Thank you po.
Welcome
This was a big help! thank you!
Welcome po.
Fiscal paano po straight penalty sa special law? From example 6months min and max is 6yrs. Pwede po straight penalty of 1year?
Eto po ang rule on indeterminate sentence with respect to special laws:
"if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same"
Ibig pong sabihin nito is obligado po ang korte na mag impose ng INDETERMINATE SENTENCE, meaning dapat merong minimum at maximum term of imprisonment. Kaya nga po indeterminate sentence ang tawag dahil kelangan may minimum at maximum. Kung straight penalty lang na 1 year, magiging DETERMINATE SENTENCE na po yan. So bawal po yung sinasabi mo na straight penalty of 1 year.
So in your example, if ang penalty provided for by the special law is 6 months to 6 years, pwedeng sentensyahan ang convict ng 6 months as minimum to 1 year as maximum, or pwede rin 1 year as minimum to 2 years as maximum, or pwede rin 2 years as minimum to 6 years as maximum, and so on and so forth, for as long as hindi bababa sa 6 months o lalagpas sa 6 years.
Fiscal wla pong straight penalty of 1yr na pinapataw under rpc or special law po?
This is very helpful. Thank you so much! :)
hi, I am one of your avid viewer Fiscal, can you make video about Executive clemency? thank you!
keep posting po fiscal
Thank you!
Welcome
salamat po
You're welcome.
Atty. one last question, how to determine the medium period in indeterminate sentence law. some books i read only refers to minimum and maximum, how about the medium Atty 🤔
The purpose of the ISL is for judges to give a minimum and a maximum term of imprisonment in imposing a sentence. There is no medium term of imprisonment to speak of. For example, in homicide, the penalty imposable is reclusion temporal. The ISL directs the judge to impose an indeterminate sentence, that is, by imposing a minimum and a maximum term of imprisonment. Going back to the example, let us say the accused was able to prove the mitigating circumstance of voluntary surrender. The indeterminate sentence will be:
FOR THE MINIMUM TERM: any range within prision mayor (because the ISL states that to get the minimum term of imprisonment, it should be 1 degree lower from the penalty imposable)
FOR THE MAXIMUM TERM: any range within reclusion temporal minimum (because of d presence of 1 mitigating circumstance)
Why must judges give an indeterminate sentence? For purposes of parole, that is, when the convict has served the minimum term of his imprisonment, he becomes eligible for parole.
@@FiscalEJ Thank you so much Atty. this helps me a lot 😊
Thanks Fiscal!
Welcome 🙂
Ano po ba Ang hatol na 1 year and one month to maximum 4 years ilang taon po b ANG bbunuin Ng nkkulong salamat po
Ang 1 yr and 1 month yan po ang minimum na bubunuin ng preso sa loob ng kulungan. Pag nagpakabait ang preso sa loob ng kulungan, pwede na syang makalabas (conditional release) after 1 yr and 1 month.
Thank youuuu!
You're welcome!
medjyo nagulugan po ako sa example sa 12:24
Ano po dun sa example ang nagulugan kayo?
Fiscal gandang araw may Tanong lng po ako
gandang araw din po..
now i know!
Time its beautiful delicious 😋