ART. 65. Rule in cases in which the penalty is not composed of three periods. - In cases in
which the penalty prescribed by law is not composed of three periods, the courts shall apply the
rules contained in the foregoing articles, dividing into three equal portions of time included in the
penalty prescribed, and forming one period of each of the three portions.
lxvii[67]
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 courts shall observe for the application of the
penalty the following rules, according to whether there are or are no mitigating or aggravating
circumstances:
lxviii[68]
1.
When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.
2.
When only a mitigating circumstance is present in the commission of the act, they shall impose
the penalty in its minimum period.
3.
When only an aggravating circumstance is present in the commission of the act, they shall
impose the penalty in its maximum period.
4.
When both mitigating and aggravating circumstances are present, the court shall reasonably
offset those of one class against the other according to their relative weight.
5.
When there are two or more mitigating circumstances and no aggravating circumstances are
present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may
deem applicable, according to the number and nature of such circumstances.
6.
Whatever may be the number and nature of the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law, in its maximum period.
7.
Within the limits of each period, the courts shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and the
greater or lesser extent of the evil produced by the crime.
Fidel Opdas did not even testify while Dembert Leon testified but only as a corroborative
witness in Criminal Case No. 93-CR-1645.
lxix[69]
lxx[70]
People vs. Benemerito, supra, at p. 694.
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