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Firearms Case: Indeterminate Sentence Denied

The defendant was found guilty of illegal possession of firearms after pleading guilty in court without legal counsel. The court sentenced him to 5 years and 1 day in prison. On appeal, he argued the court failed to inform him of his right to counsel. The issue was whether the indeterminate sentencing law (ISLAW) could be applied. The court held that ISLAW should not be applied in this case because it would result in a longer prison sentence for the defendant, which would be unfavorable to the accused. Applying ISLAW would result in a minimum sentence of 5 years and a maximum of over 5 but less than 10 years, lengthening his sentence beyond the 5 years originally imposed.

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227 views1 page

Firearms Case: Indeterminate Sentence Denied

The defendant was found guilty of illegal possession of firearms after pleading guilty in court without legal counsel. The court sentenced him to 5 years and 1 day in prison. On appeal, he argued the court failed to inform him of his right to counsel. The issue was whether the indeterminate sentencing law (ISLAW) could be applied. The court held that ISLAW should not be applied in this case because it would result in a longer prison sentence for the defendant, which would be unfavorable to the accused. Applying ISLAW would result in a minimum sentence of 5 years and a maximum of over 5 but less than 10 years, lengthening his sentence beyond the 5 years originally imposed.

Uploaded by

Kling King
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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(ISLAW mandatory, except in SPL not favorable to the accused)

THE PEOPLE OF THE PHILIPPINES


vs.
NANG KAY alias SY KEE,
Facts
In this case, three grease guns and two Thompson Submachine guns, and empty magazines, without the
necessary license, were found in the possession of Nang Kay alias Sy Kee, hence, he was charged with illegal
possession of firearms. In court he appeared without counsel and upon being arraigned, he pleaded guilty. He was
sentenced to imprisonment for five (5) years and one (1) day, with the accessories of the law, and to pay costs. He
now appeals to this Court on the ground that the trial court failed to inform him at the arraignment of his right to be
assisted by counsel. The Solicitor General also questions the correctness of the penalty imposed, expressing the
opinion and making the recommendation that the law on indeterminate sentence should have been applied.

Issue
WON ISLAW can be applied in this case

Held
NO. The court states that where the application of the law on indeterminate sentence would be unfavorable
to the accused, resulting in the lengthening of his prison sentence, said law on indeterminate sentence should not be
applied. Under this opinion, it is obvious that the trial court did not err in sentencing the appellant to imprisonment
for five (5) years and one (1) day.
Under the special law on illegal possession of firearms applicable to this case, already referred to, if we had
no law on indeterminate sentence in this jurisdiction, considering the plea of guilty entered by the appellant, the trial
court could well and lawfully have given him a prison sentence of five (5) years. If we are now to apply the law on
indeterminate sentence in the instant case, the prison term would to be more than five (5) years for the reason that
the minimum could not be less than five (5) years and the maximum necessarily would have to be more than five (5)
years but not more than ten (10) years. That would certainly be not in accordance with the purpose of the law on
indeterminate sentence; in fact it would run counter to its spirit.

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