Notes On Indeterminate Sentence Law

Indeterminate Sentence Law (ISLAW): How to determine maximum and minimum penalties
(Act no 4103 as amended)
Why is ISLAW mandatory?
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.
The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal
liberty and economic usefulness. (People v. Onate, 78 SCRA 43) As a rule, it is intended to favor the accused particularly to shorten
his term of imprisonment, depending upon his behavior and his physical, mental, and moral record as a prisoner to be determined by
the Board of Indeterminate Sentence.
Indeterminate sentence is a sentence with a minimum term and a maximum benefit of a guilty person, who is not disqualified
therefore, when the maximum penalty of imprisonment exceeds one year. It applies to both violations of the RPC and special laws.
COVERAGE:
1. Revised Penal Code
The court shall sentence the accused to an indeterminate sentence the MAXIMUM TERM of which shall be that which, in
view of the attending circumstances, could be properly imposed under the Code, and the MINIMUM TERM which shall be
within the range of the penalty next lower in degree to that prescribed by the Code for the offense.
The maximum is the penalty imposed as provided by law, depending upon the attending circumstances. The minimum is one degree
next lower to the penalty prescribed for the offense. The latter is determined without considering the attending circumstances to the
penalty prescribed, and is left to the discretion of the court. (People v. Yco, 6545, July 27, 1954)
Example: Homicide with one mitigating circumstance. The maximum penalty prescribed by law is Reclusion temporal. Since there
is one mitigating and no aggravating it will be in the minimum or reclusion temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion temporal without considering the mitigating circumstance and that will be prision
mayor. The range of prision mayor will depend upon the discretion of the court. Therefore, the indeterminate penalty is a minimum
of prision mayor (within the range fixed by the court) to a maximum of reclusion temporal minimum period.
2. Special Law
The court shall sentence the accused to an indeterminate sentence, the MAXIMUM TERM of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the MINIMUM TERM prescribed by the same. (Q11,
1994 Bar)
Example: Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3 years to 5 years.
The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the following exceptions:
1. If sentenced with a penalty of death or life imprisonment

2. If convicted of treason, conspiracy, proposal to commit treason
3. If convicted of misprision of treason, sedition, rebellion or espionage
4. If convicted of piracy
5. If the offender is a habitual delinquent
6. Those who escaped from prison or evaded sentence
7. Those who violated the terms of conditional pardon of the chief executive
8. Where the maximum term of imprisonment does not exceed 1 year (important!)
9. If convicted by final judgement at the time of the effectivity of Act No. 4103
10. If penalized with suspension or distierro
If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW!

ISLAW applies to offenses punished by Special Law and Revised Penal Code.
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:
How to get maximum and minimum penalty in Special Law:

1. The maximum penalty should NOT exceed the maximum provided for by that law.
2. The minimum penalty should NOT fall below the minimum provided by the law.
How to get maximum and minimum penalty in Revised Penal Code:

Example: In the crime of homicide, under the Revised Penal Code, the offender is sentenced to reclusion temporal.
The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But reclusion temporal is a divisible penalty
consisting of maximum, medium and minimum periods. Which period will we place the maximum term of the Indeterminate
Sentence?
Guide for determining the maximum penalty:

1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance
Which period will the maximum penalty be placed?

In pursuant to art 64, when there is no mitigating and no aggravating circumstance, it should be placed at the medium period. Thus,
the maximum penalty for the example above is reclusion temporal in the medium period.
What is the minimum penalty now?

In getting the minimum penalty, the rule is to simply get the penalty one (1) degree lower from the maximum penalty without taking
into account the mitigating and aggravating circumstance. Thus, the penalty one degree lower from reclusion temporal, without taking
into account any mitigating or aggravating circumstance, is prision mayor. Prision mayor is now the minimum penalty for our
example.
Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.
Again, prision mayor is a divisible penalty. Which period can it be placed?

Under the Indeterminate Sentence Law, it would depend upon the discretion of the court on which period to place it. Thus, the
minimum penalty is prision mayor in any of its period.
Factors that could affect the imposition of minimum penalty:

1. Age
2. Conduct during trial
3. Mental or physical condition
Suppose in the example above, 1 aggravating circumstance was proven. What is now the maximum penalty?
It would still be reclusion temporal, but it shall be placed in the maximum period because of the presence of 1 aggravating
circumstance.
How about the minimum penalty?

It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which period? It shall be discretionary upon the
court.
(More examples)
1 mitigating but NO aggravating

maximum penalty: reclusion temporal in the minimum period
minimum penalty: prision mayor in any period
2 mitigating, NO aggravating (privileged mitigating)

maximum penalty: prision mayor in the medium period
minimum penalty: prision correctional any period
The preceding example is an exception to the rule. If there is a privileged mitigating circumstance, we take it into account first in order
to obtain the proper maximum penalty. Then, from that maximum penalty, we obtain the proper minimum penalty by getting the
penalty 1 degree lower. Same rule applies as to the period of the minimum penalty.
Remember: It will never become a privileged mitigating circumstance if there is an aggravating circumstance present. 8 mitigating
and 1 aggravating will never become privileged mitigating circumstance.
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.
maximum penalty: prision correctional in the medium period (2 privileged circumstance. Thus we lower by 2 degrees)
minimum penalty: arresto mayor any period
maximum penalty: prision correctional in the minimum period
At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance and NO aggravating:
maximum penalty: prision correctional in the minimum period
How is Indeterminate Sentence Law applied in complex crimes (Article 48)?

A complex crime is punished by the most serious offense and shall be imposed in its maximum period.
Example: Estafa through falsification of public documents.
Under the Revised Penal Code, falsification of public documents (Article 171) is a more serious offense punished by prision mayor
than estafa (Article 315), punished only by prision correctional.
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.
Suppose there was 1 mitigating circumstance proven. Maximum penalty would still be prision mayor in the maximum period. In
pursuant to Article 48, even if there is a mitigating circumstance present, it should still be imposed at the maximum period.
How about if there are 2 mitigating circumstance and no aggravating?

The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by one degree but still place it at the maximum
period. Thus, the maximum penalty shall be prision correctional in the maximum period.
maximum penalty: arresto mayor in its maximum period

Notes On Indeterminate Sentence Law

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Notes On Indeterminate Sentence Law

Uploaded by

Copyright:

Available Formats

Indeterminate Sentence Law (ISLAW): How to determine maximum and minimum penalties

(Act no 4103 as amended)

Why is ISLAW mandatory?

1. Revised Penal Code

1. If sentenced with a penalty of death or life imprisonment

If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW!

How to get maximum and minimum penalty in Special Law:

How to get maximum and minimum penalty in Revised Penal Code:

Guide for determining the maximum penalty:

Which period will the maximum penalty be placed?

What is the minimum penalty now?

Again, prision mayor is a divisible penalty. Which period can it be placed?

Factors that could affect the imposition of minimum penalty:

How about the minimum penalty?

1 mitigating but NO aggravating

2 mitigating, NO aggravating (privileged mitigating)

How is Indeterminate Sentence Law applied in complex crimes (Article 48)?

Example: Estafa through falsification of public documents.

How about if there are 2 mitigating circumstance and no aggravating?

You might also like