Professional Documents
Culture Documents
Indeterminate Sentence Law
Indeterminate Sentence Law
In the application of the Indeterminate Sentence Law the judge will get the
maximum penalty and likewise the minimum penalty. If the accused was
already able to serve the minimum term of his indeterminate sentence and
upon the approval of the Board, the accused now becomes eligible for
parole. ISLAW is favorable to the accused.
If the accused was granted parole and violated some conditions of the
parole, What will happen?
A warrant of arrest will be issued by the court and the accused will be made
to serve the rest of the remaining or unexpired portion of his sentence. (But
in probation you go back to number 1, serving of sentence will be from the
beginning)
Application of ISLAW:
3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correctional any period
In the preceding example, there are 3 mitigating circumstance present and
no aggravating circumstance. The first two mitigating circumstance shall be
a privileged mitigating circumstance. Thus, the penalty will be reduced by 1
degree from reclusion temporal to prision mayor. The 3rd mitigating
circumstance shall place the penalty in the minimum period.
4 mitigating, NO aggravating
maximum penalty: prision correctional in the medium period (2 privileged
circumstance. Thus we lower by 2 degrees)
minimum penalty: arresto mayor any period
5 mitigating, NO aggravating
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period
Thus, applying the Indeterminate Sentence Law, the maximum penalty for
estafa through falsification of public documents shall be prision mayor in the
maximum period. Minimum penalty shall be prision correctional, any period.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period