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In Re: Minimum Penalty: One Day Should Be The Appropriate Imposable Penalty."

The document discusses imposing minimum and medium penalties according to the 2017 RACCS. For a less grave offense with only mitigating circumstances, the Supreme Court held the minimum penalty of suspension for 1 month and 1 day should be imposed. The 2017 RACCS provides that for penalties of suspension ranging from 1 month and 1 day to 6 months, 3 months is the medium penalty, and for suspensions ranging from 6 months and 1 day to 1 year, 9 months is the medium penalty.

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87 views1 page

In Re: Minimum Penalty: One Day Should Be The Appropriate Imposable Penalty."

The document discusses imposing minimum and medium penalties according to the 2017 RACCS. For a less grave offense with only mitigating circumstances, the Supreme Court held the minimum penalty of suspension for 1 month and 1 day should be imposed. The 2017 RACCS provides that for penalties of suspension ranging from 1 month and 1 day to 6 months, 3 months is the medium penalty, and for suspensions ranging from 6 months and 1 day to 1 year, 9 months is the medium penalty.

Uploaded by

anntomarong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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In re: Minimum Penalty

In imposing the minimum penalty, we should refer to the minimum penalty provided in
the 2017 RACCS.

In the case of Carlos Gaudencio M. Manalac vs Hernan E. Bidan (A.M. No. P-18-
3875, 03 October 2018), where simple neglect of duty (classified as a less grave
offense and is punishable by suspension for one month and one day to six months
for the first offense, and dismissal from the service for the second offense) applies, the
Supreme Court held that:

“the minimum of the penalty shall be imposed where only mitigating and no
aggravating circumstances are present. Hence, suspension for one month and
one day should be the appropriate imposable penalty.”

In re: Medium Penalty

Section 54, Rule 10 of the 2017 RACCS provides for the medium range of the penalties,
viz:

“The following divisible penalties shall have their medium range of penalty, to wit:

a) Penalty of suspension ranging from one (1) month and one (1) day to
six (6) months shall have three (3) months as its medium penalty: and

b) Penalty of suspension ranging from six (6) months and one (1) day to
one (1) year shall have 9 months as its medium penalty.”

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