This case has been cited 1 times or more.
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2008-12-17 |
YNARES-SANTIAGO, J. |
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| If we use the formula as proposed by the dissent, i.e., to compute the minimum term based on the maximum term after the attending or modifying circumstances are considered, the basis for computing the minimum term, under this interpretation, is the imposable penalty[26] as hereinabove defined. This interpretation is at odds with Section 1 of the ISL which clearly states that the minimum of the indeterminate sentence shall be "within the range of the penalty next lower to that prescribed by the Code for the offense." Consequently, the basis for fixing the minimum term is the prescribed penalty,[27] and not the imposable penalty. | |||||