5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly [77] Gamaro, et al. v. People, 806 Phil. 483, 496 (2017), citing Franco v. People, 658 Phil. 600, 613 (2011). [78] Records, p. 193. [79] 824 Phil. 939 (2018). [80] Article 64 of the RPC provides in part: Art. 64. Rules for the application of penalties which contain three periods. - In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. xxx [81] Section 1 of Act No. 4103, otherwise known as the Indeterminate Sentence Law, provides: Section 1. Hereafter in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly in posed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and 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. (Italics supplied.) Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS) https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66373 17/17