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The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any
of the following exceptions:
ISLAW applies to offenses punished by Special Law and Revised Penal Code.
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 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:
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?
Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be
wrong.
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.
(More examples)
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 circumstances 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 circumstances and NO
aggravating:
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period
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 its 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 its maximum period. In pursuant to Article 48, even if there is a mitigating
circumstance present, it should still be imposed at the maximum period.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum perio