RECIDIVISTS ARE ENTITLED TO THE BENEFITS OF THE INDETERMINATE SENTENCE
People
VS
Clareon
CA 78 O.G. 6701
Nov. 19, 1982
Recidivists are entitled to an indeterminate sentence. (People v. Jaramilla, L-28547, Feb. 22, 1974). Offender is not disqualified to avail of the benefits of the law even if the crime is committed while he is on parole.
NATURE OF PENALTY OF RECLUSION PERPETUA
People
VS
Tiburcio Baculi
246 SCRA
In “People -vs- Conrado Lucas, 240 SCRA 66, the Supreme Court declared that despite the amendment of Article 27 of the Revised Penal Code, reclusion perpetua remained an indivisible penalty. Hence, the penalty does not have any minimum, medium and maximum period. Hence, there is no such penalty of medium period of reclusion perpetua.
IMPOSITION OF WRONG PENALTY: IT DOES NOT OBTAIN FINALITY
People
VS
Nigel Gatward
GR No.119772-73
February 7, 1997
Suppose the court imposed a penalty of 25 years of reclusion perpetua for the crime of rape and the accused did not appeal, does the judgment become final and executory? No, such judgment is null and void because it imposed a non-existent penalty. Hence, the court may nevertheless correct the penalty imposed on the accused, that is, reclusion perpetua, it is merely performing a duty inherent in the court.
DIFFERENCE BETWEEN RECLUSION PERPETUA AND LIFE IMPRISONMENT
People
VS
Rolnando Madriaga
GR No. 82293
July 23, 1992
The penalty of reclusion perpetua is different from life imprisonment. The former carries with it accessory penalties, whereas life imprisonment does not carry with it any accessory penalties; reclusion perpetua is that provided for under the Revised Penal Code and under crimes defined by special laws using the nomenclature under the Revised Penal Code ; life imprisonment is that provided for violations of the Revised Penal Code. Reclusion Perpetua may be reduced by one or two degrees while life imprisonment cannot be so reduced.
WHICH IS MORE BURDENSOME LIFE IMPRISONMENT OF RECLUSION PERPETUA
People
VS
Rallagan
247 SCRA 537
Reclusion perpetua has accessory penalties while life imprisonment does not. However, life imprisonment does not have a fixed duration or extent while reclusion perpetua has a duration of from twenty years and one day to forty years. life imprisonment may span the natural life of the convict.
