To determine if indeterminate sentence is proper, consider penalty actually imposed

It should be kept in mind that to determine whether an indeterminate sentence and not a straight penalty is proper, what is considered is the penalty actually imposed by the trial court, after considering the attendant circumstances, and not the imposable penalty. Corollarily, it would be an unduly strained postulate that a sentence arrived at by a court after a valid plea bargaining should constitute an exception to the Indeterminate Sentence Law in addition to those enumerated in Section 2 thereof. [G.R. No. 123991. December 6, 1996]

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