Indeterminate Sentence Law (ISLAW):
the accused will be made to serve the rest of the
How to determine maximum and minimum
penalties
(Act no 4103 as amended)
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.
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.
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
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.
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
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
minimum penalty: arresto mayor any 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.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum
period
PROBATION LAW
Probation is a privilege, not a right. It can be
granted only if the accused deserves it. If granted,
the accused will be convicted but released. He
will then comply with mandatory and discretionary
conditions imposed by the court and be placed
under the supervision of a probation officer. The
discretionary conditions depend on the court's
assessment of the accused but they must be
constructive, consistent with his conscience, not
as burdensome as the original penalty of the
crime and must not unreasonably restrict his
liberty. Note: must not unreasonably restrict his
liberty. A penalty is always a restriction of liberty
but restrictions must be reasonable and
proportionate to the offense. The mandatory
conditions are:
1.) To report to the probation officer within 72
hours from the time the order was received; and
2.) To regularly report to the probation officer at
least once a month or sooner as may seem fit.
The Probation Law has objectives similar to the
Indeterminate Sentence Law:
1.) Rehabilitation and correction of the accused
through individualized treatment
2.) To give better chances for a repentant criminal
to reform
3.) Prevent further commission of crimes as he is
placed under the probation officer's supervision
4.) Decongest the jails
5.) Save the government from spending money
for maintaining the accused in prison
Probation may be granted whether the penalty is
imprisonment or a fine only. For imprisonment,
the penalty should be 6 years or less. Probation
will be denied in any of the following
circumstances:
1.) The accused needs correctional treatment
that can best be provided if he is committed to an
institution
2.) There is an undue risk that he will commit
another crime during the probation period.
3.) Probation will make the offense not look
serious.
Regarding #3, there is a case where an accused's
application for probation was denied because she
didn't comply with the court's orders in 54 counts
of BP 22 violations and instead executed a
simulated (fake) deed of sale (Santos vs CA,
GR127899, December 2, 1999.)
There are also disqualifications. These are:
1.) The prison term exceeds 6 years (even if by
just 1 day)
2.) Those convicted of subversion
3.) Those convicted of the following crimes
against national security:
a.) Treason
b.) Conspiracy and proposal to commit treason
c.) Misprision of Treason
d.) Espionage
e.) Inciting to war and giving motives to reprisal
f.) Violation of neutrality
g.) Correspondence with hostile country
h.) Flight to enemy country
i.) Piracy and mutiny (piracy is an international
crime and can be tried by any country in the
world.)
4.) Those convicted of the following crimes
against public order:
a.) Rebellion, insurrection, coup, sedition
b.) Illegal assemblies and associations
c.)Direct/indirect assault, resistance
disobedience
d.) Public disorders (tumults, alarms
scandals)
e.) Delivery of prisoners from jail
f.) Evasion of service of sentence
g.) Quasi-recidivism
5.) Those who were previously convicted of a
crime punishable by at least 1 month and 1 day
and/or a fine of at least Php200.00
6.) Those who were once recipients of probation
(probation can be granted to a person only once.)
7.) Those who were already serving sentence
when the Probation Law took effect (Martial Law
years)
8.) Those enjoying the benefits of PD 603 (the
Child and Youth Welfare Code) and similar laws
9.) Those who perfected an appeal (probation
and appeal are mutually exclusive remedies; you
can't use both at the same time.)
Regarding those suffering several prison terms,
multiple terms are distinct from each other.
However, if the total number of prison terms
doesn't exceed 6 years, the accused is entitled to
probation. The application for probation must also
be file during the period for perfecting an appeal.
Take note: conviction becomes final if the
accused applies for probation. If granted, the
accused's sentence is suspended but still stands.
If he violates his probation, he can be arrested
and brought to court for an informal summary
hearing (but can post bail while the hearing is
going on as well.) If the violation is proven, the
court may or may not revoke the probation. If
probation is revoked the accused will serve full
sentence. The revocation order is not appealable.
If the probation prisoner complies with his
requirements throughout the period of probation
the court will give him a final discharge. The
probationer 's civil rights will then be fully restored
and his penalties and fines will be discharged.
Duration of Probation
1.) Imprisonment of not more than 1 year:
and maximum probation of 2 years
2.) 1 to 6 years imprisonment: maximum of 6
and years
3.) Fine with subsidiary imprisonment: twice the
period computed in Art. 39 of the Revised Penal
Code