INDETERMINATE SENTENCE LAW

RA 4103 as amended
Prepared by: Pros. Hyacinth T. Jadraque
Coverage
 The Indeterminate Sentence Law applies to
both violations of the Revised Penal Code and
special laws and is based on the penalty
actually imposed.

Prepared by: Pros. Jadraque

ISL shall not apply to the ff

1. Those sentenced to death penalty or life

imprisonment, or reclusion perpetua;

2. Those convicted of treason, or conspiracy or

proposal to commit treason;

3. Those convicted of misprision of treason,

rebellion, sedition or espionage;
Prepared by: Pros. Jadraque
4. Those convicted of piracy;

5. Those who are habitual delinquents;

6. Those who have escaped from

confinement, or evaded sentence;

7. Those granted with conditional pardon by

the President but violated the terms thereof;
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 8. Those whose maximum term of imprisonment does not
exceed 1 year;

9. Those who are sentenced to the penalty of destierro or

suspension only.

 Indeterminate sentence is mandatory where

imprisonment would exceed one year.

Prepared by: Pros. Jadraque

How is ISL applied?
 IF THE PENALTY IS IMPOSED BY THE RPC:


1. The Maximum Term – is that which could

be properly imposed under the RPC,
considering the aggravating and mitigating
circumstances.
2. The Minimum Term – is within the range of
the penalty one degree lower than that
prescribed by the RPC, without considering
the circumstances.
Prepared by: Pros. Jadraque
 BUT when there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the STARTING POINT
for determining the minimum term of the
indeterminate penalty is the penalty next
lower than that prescribed by the Code for
the offense.

Prepared by: Pros. Jadraque

Example
◦ WHEREFORE, the court hereby imposes
upon the accused an imprisonment of four
(4) years, two (2) months and one (1) of
prision correccional maximum as
minimum to six (6) years and one (1) day
of prision mayor minimum as maximum of
the indeterminate penalty.
 IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW


1. The Maximum Term – must not exceed the

maximum term fixed by said law.
2. The Minimum Term – must not be less than the
minimum term prescribed by the same.

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 For SPECIAL LAWS, it is anything within the
inclusive range of the prescribed penalty.
Courts are given discretion in the imposition
of the indeterminate penalty. The aggravating
and mitigating circumstances are not
considered unless the special law adopts the
same terminology for penalties as those used
in the RPC (such as reclusión perpetua and
the like).
Prepared by: Pros. Jadraque
Example
 WHEREFORE, the court hereby imposes upon
the accused an indeterminate penalty of one
(1) year as minimum to five (5) years as
maximum.
RELEASE OF THE PRISONER ON
PAROLE; conditions

The Board of Pardons and Parole may authorize the

release of a prisoner on parole, after he shall have served
the minimum penalty imposed on him, provided that:

1. Such prisoner is fitted by his training for release,

2. There is reasonable probability that he will live and
remain at liberty without violating the law,
3. Such release will not be incompatible with the welfare
of society.

Prepared by: Pros. Jadraque

ENTITLEMENT TO FINAL RELEASE AND DISCHARGE

If during the period of surveillance such

paroled prisoner shall:(a) show himself to be (a)
law abiding citizen; and

(b) shall not violate any law,

the Board may issue a final certification in his
favor, for his final release and discharge.

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SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE

When the paroled prisoner shall violate any of

the conditions of his parole:
(a) the Board may issue an order for his
arrest, and thereafter,
(b) the prisoner shall serve the remaining
unexpired portion of the maximum sentence
for which he was originally committed to
prison.

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REASONS FOR FIXING THE MAXIMUM AND MINIMUM
TERMS IN THE INDETERMINATE SENTENCE

The minimum and maximum terms in the

Indeterminate Sentence must be fixed,
because they are the basis for the following:
1. Whenever a prisoner has:
   (a) served the MINIMUM penalty imposed on
him, and
   (b) is fit for release of the prisoner on
parole, upon terms and conditions prescribed
by the Board.
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2. But when the paroled prisoner violates any of the
conditions of his parole during the period of
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.

3. Even if a prisoner has already served the

MINIMUM, but he is not fitted for release on the
parole, he shall continue to serve until the end of
the MAXIMUM term.

Prepared by: Pros. Jadraque

Why is Indeterminate Sentence LAW 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.

Prepared by: Pros. Jadraque

Purpose of the law:

1. To uplift and redeem valuable human material and prevent

unnecessary and excessive deprivation of liberty and economic
usefulness.

2. It is necessary to consider the criminal first as an individual,

and second as a member of the society.

3. The law is intended to favor the defendant, 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.

Prepared by: Pros. Jadraque

The settled practice is to give the accused the
benefit of the law even in crimes punishable
with death or life imprisonment provided the
resulting penalty, after considering the
attending circumstances is reclusion temporal
or less.
 Based on penalty actually imposed
Prepared by: Pros. Jadraque
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, especially if
accused was out on bail during the pendency of the
trial. )

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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.

Prepared by: Pros. Jadraque

 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?

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 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.

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 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.

Prepared by: Pros. Jadraque

 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 periods.

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 Factors that could affect the imposition of the 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.

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 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.

Prepared by: Pros. Jadraque

 Some More Illustrations: (same facts)

a. 1 mitigating but NO aggravating

maximum penalty: reclusion temporal in the minimum
period
minimum penalty: prision mayor in any period

b. 2 mitigating, NO aggravating (privileged mitigating)

maximum penalty: prision mayor in the medium period
minimum penalty: prision correccional any period

 Prepared by: Pros. Jadraque

 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.

 Prepared by: Pros. Jadraque

c. 3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correccional 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.

Prepared by: Pros. Jadraque

d. 4 mitigating, NO aggravating
maximum penalty: prision correccional in the medium
period
(2 privileged circumstance. Thus we lower by 2
degrees)
minimum penalty: arresto mayor any period

e. 5 mitigating, NO aggravating
maximum penalty: prision correccional in the
minimum period
minimum penalty: arresto mayor any period

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 At most we can only lower by 2 degrees. Thus, if there are 6
mitigating circumstance and NO aggravating:
maximum penalty: prision correccional 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.

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 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 correccional.

Thus, applying the Indeterminate Sentence Law, the

maximum penalty for estafa through falsification of
public documents shall be prison mayor in the
maximum period. Minimum penalty shall be prision
correccional, any period.

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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 circumstances 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 correccional
in the
maximum period.

 Prepared by: Pros. Jadraque

4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period

Example:

People v. Campuhan

The penalty for attempted rape is two (2) degrees lower than the imposable
penalty of death for the offense charged, which is statutory rape of a minor
below seven (7) years. Two (2) degrees lower is reclusion temporal, the range
of which is twelve (12) years and one (1) day to twenty (20) years. Applying the
Indeterminate Sentence Law, and in the absence of any mitigating or
aggravating circumstance, the maximum of the penalty to be imposed upon
the accused shall be taken from the medium period of reclusion temporal, the
range of which is fourteen (14) years, eight (8) months and (1) day to seventeen
(17) years and four (4) months, while the minimum shall be taken from the
penalty next lower in degree, which is prision mayor, the range of which is
from six (6) years and one (1) day to twelve (12) years, in any of its periods.

Prepared by: Pros. Jadraque

Bar Exam Question (1994)

Itos was convicted of an offense penalized by a special

law. The penalty prescribed is not less than six years
but not more than twelve years. No modifying
circumstance attended the commission of the crime.

If you were the judge, will you apply the Indeterminate

Sentence law? If so, how will you apply it?

 Prepared by: Pros. Jadraque

Answer:
 If I were the judge, I will apply the provisions of the
Indeterminate sentence law, as the last sentence of
section 1 Act 4103, specifically provides the
application thereof for violations of special laws.

Under the same provision, the minimum must not be

less than the minimum provided therein (six years
and one day) and the maximum shall not be more
than the maximum provided therein, i.e. twelve years.
(People vs. Rosalina Reyes, 186 SCRA 184)

 Prepared by: Pros. Jadraque

Bar Exam Question (1999)

Andres is charged with an offense defined by a special law.

The penalty prescribed for the offense
is imprisonment of not less than five (5) years but not more
than ten (10) years. Upon arraignment,
he entered a plea of guilty.

In the imposition of the proper penalty, should the

Indeterminate Sentence Law be applied? If you
were the judge trying the case, what penalty would you
impose on Andres?

Prepared by: Pros. Jadraque

Suggested Answer:

Yes, the Indeterminate Sentence law should be applied

because the minimum imprisonment is more than one
(1) year.

If I were the judge, I will impose an indeterminate

sentence, the maximum of which shall not
exceed the maximum fixed by law and the minimum
shall not be less than the minimum penalty
prescribed by the same. I have the discretion to impose
the penalty within the said minimum and maximum.

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Bar Exam Question (1999)

A was convicted of illegal possession of grease guns and two Thompson sub-
machine guns punishable under the old law (RA No.4) with imprisonment of from
five (5) to ten (10) years. The trial court sentenced the accused to suffer
imprisonment of five (5) years and one (1) day.

Is the penalty thus imposed correct? Explain.

Indeterminate Sentence Law does not apply to: The penalty imposed, being only a
straight penalty, is not correct because it does not comply with the Indeterminate
Sentence Law which applies to this case. Said law requires that if the offense
punished by any law other than the Revised Penal Code, the court shall sentence the
accused to an indeterminate sentence, the maximum term of which shall not exceed
the maximum penalty fixed by the law and the minimum shall not be less than the
minimum penalty prescribed by the same.

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Bar Exam Question (2002)

How are the maximum and the minimum terms of the indeterminate
sentence for offenses punishable under the Revised Penal Code
determined?

Suggested Answer:

For crimes punished under the Revised Penal Code, the maximum term
of the indeterminate sentence shall be the penalty properly imposable
under the same code after considering the attending mitigating and/or
aggravating circumstances according to Art.64 of said code. The
minimum term of the same sentence shall be fixed within the range of
the penalty next lower in degree to that prescribed for the crime under
said code.

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Bar Exam Question (2002)

Under the law, what is the purpose of fixing the maximum

and minimum terms of the indeterminate sentence?

Suggested Answer:

The purpose of the law in fixing the minimum term of the

sentence is to set the grace period at which the convict may
be released on parole from imprisonment unless by his
conduct he is not deserving of parole and thus he shall
continue serving his prison term in jail but in no case to go
beyond the maximum term fixed in the sentence.

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Bar Exam Question (2005)

Harold was convicted of a crime defined and penalized by a special

penal law where the imposable penalty is from 6 months, as minimum,
to 3 years, as maximum.

State with reasons whether the court may correctly impose the
following penalties:

a) a straight penalty of 10 months;

Suggested Answer:

Yes, because the penalty is less than one year, a straight penalty may
be imposed. (People vs. Arellano, G.R. No.46501, October 5, 1939)

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 Alternative Answer:

Under the Indeterminate Sentence Law, the

minimum imposable penalty shall be imposed
but the maximum shall not exceed the
maximum imposable by law.

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b) 6 months, as minimum, to 11 months, as maximum;

Suggested Answer:

No, because Indeterminate Sentence Law does not apply when the
penalty imposed is less than one year (Section 2, Act. 4103, as amended)

c) a straight penalty of 2 years

Suggested Answer:

No, because the Indeterminate Sentence Law will apply when the
minimum of the penalty exceeds one year.

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 Alternative Answer:

If the imposition of straight penalty which

consists of the minimum period of the
penalty prescribed by law, then it may be
allowed because it favors the accused.

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Bar Exam Question (1999)

Indeterminate Sentence Law; Exceptions

Under what circumstances is the Indeterminate Sentence Law not applicable?

Suggested Answer:

1. Persons convicted of offenses punished with death penalty or life imprisonment, RP

2. Those convicted of treason, conspiracy or proposal to commit treason
3. Those convicted of misprision of treason, rebellion, sedition or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
6. Those who shall have escaped from confinement or evaded sentence
7. Those who have violated the terms of conditional pardon granted to them by the Chief Executive
8. Those whose maximum term of imprisonment does not exceed one year
9. Those who, upon the approval of the law (December 5, 1933) had been sentenced by final
judgment
10. Those sentenced to the penalty of destierro or suspension.

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Bar Exam Question (2003)

When would the Indeterminate Sentence Law be inapplicable?

Suggested Answer:

The Indeterminate Sentence Law is not applicable to:

Those person convicted of offenses punished with death penalty or life imprisonment or reclusion perpetua;
 Those convicted of treason, conspiracy or proposal to commit treason;
 Those convicted of misprision of treason, rebellion, sedition or espionage;

 Those convicted of piracy

 Those who are habitual delinquents;

 Those who shall have escaped from confinement or evaded sentence

 Those who having been granted conditional pardon by the Chief Executive shall have violated the terms

thereof;
 Those whose maximum term of imprisonment does not exceed one year;

 Those already sentenced by final judgment at the time of the approval of this act; and

 Those whose sentence impose penalties which do not involve imprisonment, like destierro.

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Thank you!