This case has been cited 1 times or more.
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2005-11-30 |
AZCUNA, J. |
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| As to the sixth issue, the penalty imposed by the RTC is wrong. Article 217, paragraph 4 of the Revised Penal Code imposes the penalty of reclusion temporal in its maximum period to reclusion perpetua when the amount malversed is greater than P22,000. Since appellant committed a complex crime, the penalty for the most serious crime shall be imposed in its maximum period, pursuant to Article 48 of the Revised Penal Code. In this case the penalty imposed should be reclusion perpetua. Since the Indeterminate Sentence Law does not apply to indivisible penalties,[35] and reclusion perpetua is an indivisible penalty,[36] the Indeterminate Sentence Law cannot be applied to the penalty in Criminal Cases Nos. 111086 and 111087. | |||||