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Lecture 6
Lecture 6
LECTURE NOTES #6
Still in Article 70, we have the 3- fold rule. What is this? If the
convict is to suffer 4 penalties for 4 crimes he committed, the
maximum duration of the sentence should not be more than three
times the most severe penalty. For example, suppose the convict
issued 10 checks. They were dishonored for being drawn against
insufficient funds. He was convicted in all 10 checks. The penalty for
BP. 22 is one year imprisonment. He will be sentenced to 10 years in
prison. Since the most severe penalty for B.P. 22 is 1 year, his
sentence will be multiplied by 3, that is, 1 year x 3 = 3 years
He will serve only 3 years imprisonment. Not 10 years.
Note that Article 70 concerns only “service” of sentence, not
the duration of penalty nor the imposition by the court of proper
penalty. The court will impose one (1) year for every check. Thus,
ten (10) years imprisonment. The computation of three (3) fold rule
is for the prison authorities to undertake. (Ppl. Vs. Salazar, C.A. 61
O.G. 5913, page 769 Reyes).
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