Indeterminate Sentence Law Act No.
4103 As Amended IF THE PENALTY IS IMPOSED BY THE RPC:
The Indeterminate Sentence Law applies to both violations of Revised Penal Code
and special laws, and is based on the penalty actually imposed.
It's "Act," not RA or CA. It affects all criminal laws, whether from the Revised Penal
Code or not so long as they don't fall into the instances enumerated by the
indeterminate sentence law itself.
Minimum and maximum penalties are specified in order to prevent unnecessary
deprivation of liberty and enhance his economic usefulness. The maximum penalty is
necessary for the imposition of accessory penalties while the minimum penalty is
important to allow the prisoner the chance for parole. In short, he is given a chance
to redeem himself.
The purposes of this law are the following:
1.) Promote the prisoner's reformation by allowing him to serve sentence under a
parole officer
2.) Decongest the jails by allowing prisoners to be admitted into parole
3.) Allow the government to save money on maintaining the jails
4.) Prevent the prisoners' economic usefulness from going to waste.
The Indeterminate Sentence Law shall not apply to the following persons.
1. Those sentenced to death penalty or life imprisonment
2. Those convicted of treason, or 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 have escaped from confinement, or evaded sentence
7. Those granted with conditional pardon by the President, but violated the terms
thereof
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.
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.
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 is the penalty next lower than that prescribed by the Code for the
offense.
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.
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).
RELEASE OF THE PRISONER ON PAROLE
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.
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.
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.
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.
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.
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.
Purpose of the law:
- to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of liberty and economic usefulness
- It is necessary to consider the criminal first as an individual, and second as a
member of the society.
- 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.
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.
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 ggravating 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.
Some More Illustrations:
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 A sentence, in law, is the penalty imposed by the court in a criminal case against a
than estafa (Article 315), punished only by prision correctional. person, known as the “accused”, who is found guilty of committing the crime
charged.
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

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.