INDETERMINATE SENTENCE LAW

(Act No. 4103 as amended by Act No. 4225 and RA 4203)

Offense punished by
RPC or its
amendments
INDETERMINATE
SENTENCE
LAW
(June 19, 1965)
Offense punished by
any other Law
(Special Law)

MAXIMUM TERM: shall be that which in view of the

attending circumstances could be properly imposed under
the rules of the RPC
MINIMUM TERM: shall be w/in the range of the penalty
next lower to that prescribed by the RPC

MAXIMUM TERM: shall not exceed the maximum fixed by

the special law
MINIMUM TERM: shall not be less than the minimum term
fixed by the special law

Exceptions to the application of ISL:

(Section 2)
1.
2.
3.
4.
5.
6.
7.
8.

Those convicted with death penalty or life imprisonment

Treason, conspiracy, proposal to commit treason, rebellion, sedition, espionage or piracy
Habitual delinquents
Those who have escaped confinement or evaded sentence
Those who violated the conditional pardon
Those whose maximum term of imprisonment does not exceed one (1) year
Those already sentenced with final judgment at the time of the approval of the act
Sentenced to the penalty of destierro or suspension only (no prison term included)

Purpose of ISL:
To uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of personal liberty and economic usefulness.

CLASSIFICATION OF PENALTIES (Art. 25)

PRINCIPAL PENALTIES

ACCESSORY PENALTIES

Capital Punishment: Death (Now prohibited under RA 9346)

a.
b.
c.

Afflictive Penalties:
a. Reclusion Perpetua
b. Reclusion Temporal
c. Perpetual / Temporary Absolute Disqualification
d. Perpetual / Temporary Special Disqualification
e. Prision Mayor

d.
e.
f.
g.

Correctional Penalties:
a. Prision Correcional
b. Arresto mayor
c. Suspension
d. Destierro

Perpetual or Temporary Absolute Disqualification

Perpetual or Temporary Special Disqualification
Suspension from
1. Public office
2. The right to vote and be voted for
3. Profession or Calling
Civil Interdiction
Indemnification
Forfeiture or Confiscation of instruments or proceeds of the offense.
Payment of Costs

Light Penalties:
a. Arresto Menor
b. Public Censure
Penalties Common to the 3 preceding classes:
a. Fine
b. Bond to keep the peace

COMPARATIVE TABLE
ARTICLE 9

ARTICLE 26

GRAVE FELONIES those to which the law attaches Capital

Punishment or Afflictive Penalties

AFFLICTIVE fine of more than 6,000 pesos

LESS GRAVE FELONIES maximum period are CORRECTIONAL

LIGHT FELONIES Arresto Menor or a
fine not exceeding 200 pesos or both

CORRECTIONAL 200 to 6,000

LIGHT less than 200 (199 and below)

*In case of a fine of exactly 200 pesos, It has been held that this discrepancy should be resolved liberally in favor of the accused hence Art. 9
prevails (People v. Yu Hai, 99 Phil 725)
GRADUATED SCALE OF PENALTIES, DURATION AND ACCESSORY PENALTY
PENATIES (Article 71)

DURATION
(Art. 27)

ACCOMPANYING ACCESORY
PENALTY

PRESCRIPTION OF
CRIME
(Art. 90)

PRESCRIPTION OF
PENALTY
(Art. 92)

SCALE No. 1

Death

Art. 40 when not executed by

reason of commutation or pardon:
a. Perpetual absolute
disqualification
b. Civil Interdiction during
30 yrs following the date
of the sentence

2.

Reclusion Perpetua

20 yrs 1 day 40 yrs

Article 41:
a. Civil interdiction for life
or during the period of the
sentence as the case may
be
b. Perpetual Absolute
Disqualification which the
offender shall suffer even
though pardoned as to the
principal penalty

20 yrs

20 yrs

3.

Reclusion Temporal

12 yrs 1 day 20 yrs

Article 41

20 yrs

15 yrs

15 yrs

15 yrs

10 yrs

10 yrs

1.

4.

5.

Prision Mayor

Prision Correcional

6 yrs 1 day 12 yrs

6 mos. 1 day 6 yrs

Art. 42:
a. Temporary Absolute
Disqualification
b. Perpetual Absolute
Disqualification from the
right of suffrage
Art. 43:
a. Suspension from public
office, profession or
calling
b. Perpetual special
disqualification from the
right of suffrage

20 yrs

20 yrs

*applies if imprisonment exceeds

18 months
6.

Arresto Mayor

1 mo. 1 day 6 mos.

Art. 44:
a. Suspension of the right to
hold office and right of
suffrage during the term
of the offense

5 yrs
*lighter than destierro

5 yrs

7.
8.
9.
10.

Destierro
Arresto Menor
Public Censure
Fine

6 mos. 1 day 6 yrs

1 day to 30 days

10 yrs
2 mos.
2 mos.

10 yrs
1 yr
1 yr

15 yrs (afflictive)

15 yrs

15 yrs (afflictive)

15 yrs

10 yrs

10 yrs

SCALE No. 2
a.

Perpetual Absolute
Disqualification

b.

Temporary Absolute
Disqualification

6 yrs 1 day 12 yrs

c.

Suspension

6 mos. 1 day 6 yrs.

d.

Public Censure

e.

Fine

N.B.
- if given as an accessory penalty,
follows the duration of the
principal
- In Arts. 41 44, accessory penalty
must be expressly remitted in case
of pardon so as to be ineffective.
Art. 45 every penalty carries with
it the accessory penalty of
confiscation and forfeiture of the
proceeds of the crime.

Art. 39 Subsidiary Liability enters if the convict is insolvent at the rate of one day for each 8 pesos of the fine imposed.
a. Prision Correcional, Arresto and Fine imprisonment shall not exceed 1/3 of the term of the sentence and in no case to continue for more than a year (fraction
of a day not counted)
b. Fine only not to exceed 6 mos. (Grave or Less Grave Felonies); not to exceed 15 days (light felonies)
c. Higher than PC no subsidiary penalty
d. If the penalty imposed is not to be executed by confinement but of a fixed duration follow rules 1-3 above