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10. Three-fold rule Article 70 of RPC is to be taken into account not in the
imposition of the penalty but in connection with the service of the sentence imposed.
This provision speaks of "service" of sentence. Nowhere in the article is anything
mentioned about the "imposition of penalty". It merely provides that the prisoner
cannot be made to serve more than three times the most severe of these penalties the
maximum of which is forty years (In People vs. Escares, G.R. No. L-11128-33,
December 23, 1957; Mejorada vs. Sandiganbayan, G.R. No. L-51065-72, June 30,
1987). Thus, the court cannot dismiss criminal cases in excess of three on the basis of
three-fold rule.
11. Light felony - Light felony is punishable except when the accused is merely
an accessory (Article 16) or when it is at the attempted or frustrated stage unless it is
a crime against property or person (Article 7).
12. Probation The probation law is not applicable to: (1) a penalty, the
maximum term of which is more than more than six years [Section 9 of PD 968]
unless it is imposed to possession or use of dangerous drugs committed by first time
minor offender [Section 70 of RA No. 9165]; (2) offense against the security of the State
such as treason, or violation of neutrality; (3) crimes against public disorder such as
rebellion, direct assault or alarm and scandal; (4) those who have previously been
convicted by final judgment of a light offense; (5) who have been once on probation
[Section 9 of PD 968] and (6) drug trafficking or pushing (Section 24 of RA No. 9165).
The period of probation of a defendant sentenced to a term of imprisonment of
not more than one year shall not exceed two years, and in all other cases, said period
shall not exceed six years. When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment in case of insolvency, the period of probation
shall not be less than nor to be more than twice the total number of days of subsidiary
imprisonment (Section 14 of PD No. 968).
The grant of probation suspends the execution of the principal penalty of
imprisonment, as well as that of the accessory penalties. It appears then that during
the period of probation, the probationer is not even disqualified from running for a
public office because the accessory penalty of suspension from public office is put on
hold for the duration of the probation. x x x x. During the period of probation, the
probationer does not serve the penalty imposed upon him by the court but is merely
required to comply with all the conditions prescribed in the probation order (Villareal
vs. People, G.R. No. 151258, December 01, 2014).
The trial court that convicted and sentenced the accused has authority to grant
probation (Villareal vs. People, supra).
13. ISLAW The indeterminate sentence law is not applicable to: (1) treason,
conspiracy or proposal to commit treason or misprision of treason; (2) rebellion; (3)
sedition; (3) espionage; (4) piracy; (5) habitual delinquents; (5) those who have
escaped from confinement or evaded sentence; (6) those who violated the terms of
conditional pardon; (7) penalty of imprisonment the maximum term of which does not
exceed one year; (8) death penalty or life-imprisonment [Section 2 of Act No. 4103) or
reclusion perpetua [RA No. 9346]; (9) use of trafficked victim [Section 11 of RA No.
9208 as amended); and (10) non-imprisonment penalty such as destierro,
disqualification or rehabilitation for use of dangerous drugs.