INDETERMINATE SENTENCE LAW (ISLAW)
(Act No. 4103, as amended by Act No. 4225)
Concept
Indeterminate sentence is a sentence with a minimum
term and a maximum term which, the court is mandated
to impose for the benefit of a guilty person who is not
disqualified therefore, when the maximum imprisonment
exceeds one (1) year.
Purpose
The Purpose of ISLAW is to uplift and redeem valuable
human material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness.
(People v. Onate, 78 SCRA 43)
COVERAGE:
- ISLAW applies to both violations of the Revised
Penal Code and special laws.
1. Revised Penal Code
The court shall  sentence the accused  to  an 
indeterminate sentence  the  MAXIMUM TERM of which
shall be that which, in view of the attending
circumstances, could be properly imposed under the
Code, and the MINIMUM TERM which shall be  within
the range of the penalty next lower in degree to that
prescribed by the Code for the offense.
Example:  Homicide with one mitigating
circumstance.  The maximum penalty prescribed by
law is Reclusion temporal.  Since there is one
mitigating and no aggravating it will be in the
minimum or reclusion temporal minimum period.  Application of ISLAW in complex crimes (Art.48)
On the other hand, the minimum is one degree next
lower to reclusion temporal without considering the
mitigating circumstance and that will be prision
mayor.  The range of prision mayor will depend upon
the discretion of the court.  Therefore, the
indeterminate penalty is a minimum of prision mayor
(within the range fixed by the court) to a maximum of
reclusion temporal minimum period.
2. Special Law
The court shall sentence the accused to an
indeterminate sentence, the MAXIMUM TERM of which
shall not exceed the maximum fixed by said law and
the minimum shall not be less than the MINIMUM
TERM  prescribed  by  the same.  documents shall be prision mayor in the maximum
Example:  Penalty is 2 years to 5 years.  any period.
Indeterminate sentence may be 2 years to 3 years or
4 years to 5 years.
The court must determine two penalties.
The court must instead of a single fixed penalty,
determine two penalties, referred to in the ISLAW as the
“MAXIMUM” and “MINIMUM” terms.
The law should be applied in imposing a prison sentence
for a crime punishable either by special law or by the
Revised Penal Code. (Reyes, RPC)
The Indeterminate Sentence Law shall NOT APPLY
to the following persons who are:
1. Sentenced to death, reclusion perpetua, or life
imprisonment
2. Convicted of treason, conspiracy or proposal to
commit treason
3. Convicted of misprision of treason, rebellion,
sedition, or espionage
4. Convicted of piracy
5. Habitual delinquents
6. Escaped from confinement or those who evaded
sentence
7. Granted conditional pardon and who violated the
terms of the same
8. Maximum period of imprisonment does not
exceed one year
9. Guilty of violating the Human Security Act
10. Maximum term of imprisonment actually
imposed does not exceed 1 year
11. Sentenced to the penalty of destierro or
suspension only
A recidivist for the first time may be given the benefits of
the ISLAW.
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
period. Minimum penalty shall be prision correctional,
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.
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
(PD. 968, as amended by RA. 10707)
Concept
Probation is a conditional discharge or disposition over
an offender called probationer, ordered by the court
instead of serving his sentence in prison, under which
the offender is under the supervision of a probation
officer.
Purpose
 Promote the correction and rehabilitation by
providing the offender with individualized
treatment.
 Provide an opportunity for the reformation of an
offender which might be less probable if he were
to serve a prison sentence.
 Prevent the commission of offenses.
COVERAGE:
-Probation law applies to all offenders except those
entitled to the benefits under the provisions of PD.
603 known as the Child and youth welfare code and
similar laws.
. The court may, after it shall have convicted and
sentenced a defendant, and upon application by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place
the defendant on probation. No application for
probation shall be entertained or granted if the defendant
has perfected an appeal from the judgment of conviction.
(PD 1990) In other words, the filing of the application for
probation is considered as a waiver of the right of the
accused to appeal.
The Probation law shall NOT APPLY to the following
persons who are:
1. Sentenced to serve a maximum term of
imprisonment of more than 6 years.
2. Convicted of any crime against the national
security or public order.
3. Who have been previously convicted by final
judgment of an offense punished by
imprisonment of not less than one month
and one day and/or a fine of not less
than P 200. 
4. Who have been once on probation.
5. Who are already serving sentence at the time of
the effectivity of the Decree.
Note: Except for the reasons specified by the law, a trial
court should not deny a petition for probation, especially
when the probation officer has favorably recommended
the grant of probation.
Two Mandatory Conditions of Probation
The probationer shall:
1. Present himself to the probation officer
within 72 hours from receipt of probation
order.
2. Report himself to the probation officer at
least once a month during the period of
probation.
Other conditions
1. Comply and cooperate with the program of
supervision.
2. Meet his family responsibilities.
3. Comply with the program of payment of civil
liability to the heirs of his victim.
4. Undergo medical and psychological examination
or treatment when required.
5. Attend in a facility established for recreation of
persons on probation.
6. Abstain from drinking alcohol to excess.
7. Pursue a vocational training.
8. Refrain from visiting the house of ill-repute.
9. Allow the probation officer or social worker to
visit his place.
10. Reside at premises approved by court.
11. Satisfy other conditions related to the probation
and his rehabilitation.
EXECUTION AND SERVICE OF PENALTIES
Art. 76. Legal period of duration of divisible
penalties. – The legal period of duration of divisible
penalties shall be considered as divided into three
parts, forming three periods, the minimum,the
medium, and the maximum in the manner shown in
the folloxing table.
Art. 77. When the penalty is a complex one
composed of three distinct penalties. – In cases in
which the law prescribes a penalty composed of
three distinct penalties, each one shall form a
period; The lightest of them shall be the minimum,
the next the medium, and the most severe the
maximum period.
Whenever the penalty prescribe does not have one
of the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the
prescribed rules.
(2) kinds of penalties
DIVISIBLE – Penalty that is imposed with a period.
INDIVISIBLE – Penalty imposed without a period.
Art. 76 and Art. 77 shows the manner divisible penalties
are divided into three periods.
 if there are 3 distinct penalties; there shall be a
minimum, a medium and a maximum
Example: Prision mayor Min. 6 years and 1 day to 8
years, Med. 8 years and 1 day to 10 years, Max. 1o
years and 1 day to 12 years.
The penalties under the Revised Penal Code are:
1.) Death -indivisible, abolished in 2006
2.) Reclusion Perpetua -indivisible, 20 years and 1 day
to 40 years
3.) Reclusion Temporal -divisible, min: 12 years & 1 day
to 14 years & 8 months, med: 14 years, 8 months & 1
day to 17 years & 4 months, max: 17 years, 4 months &
1 day to 20 years
4.) Prision Mayor -divisible, min: 6 years & 1 day to 8
years, med: 8 years & 1 day to 10 years, max: 10 years
& 1 day to 12 years
5.) Prision Correccional and Destierro -divisible, min: 6
months, & 1 day to 2 years & 4 months, med: 2 years, 4
months & 1 day to 4 years & 2 months, max: 4 years, 2
months & 1 day to 6 years
6.) Arresto Mayor -divisible, min: 1 month & 1 day to 2
months, med: 2 months & 1 day to 4 months, max: 4
months & 1 day to 6 months
7.) Arresto Menor -divisible, min: 1 to 10 days, med: 11
to 20 days, max: 21 to 30 days.
Chapter Five: EXECUTION AND SERVICE OF
PENALTIES
Art. 78. When and how a penalty is to be executed. –
No penalty shall be executed by virtue of a final
judgement.
A penalty shall not be executed in any other form
than that prescribed by law, nor with any
circumstances or incidents than those expressly
authorized thereby.
In addition to the provisions of the law, the special
regulations prescribed for the government of the
institutions in which the penalties are to be suffered
shall be observed with regard to the character of the
work to be performed, the time of its performance,
and other incidents connected therewith, the
relationsof the convicts among themselves and
other persons, the relief which they may receive, and
their diet.
The regulations shall make provision for the
separation of the sexes in different institutions, or at
least into different departments, and also for the
correction and reform of the convicts.
 There must be a final judgement before a
penalty can be executed, Judgment is final if the
accused has not appealed within 15 days or
he has expressly waived in writing that he will
not appeal.
 But if the defendant has waived in writing his
right to appeal, the judgement becomes final.
(see; Rule 120, Sec.7, Rules of Court)
Art. 79. Suspension of the execution and service of
the penalties in case of insanity. — When a convict
shall become insane or an imbecile after final
sentence has been pronounced, the execution of
said sentence shall be suspended only with regard
to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of article 12
being observed in the corresponding cases.
If at any time the convict shall recover his reason,
his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the
provisions of this Code.
The respective provisions of this section shall also
be observed if the insanity or imbecility occurs while
the convict is serving his sentence.
 When a convict becomes insane or imbecile
after final sentence has been pronounced, the
execution of said sentence is suspended.
Note: Only Personal penalty is suspended, the
civil liability may be executed even in case of
insanity of convict.
 When a convict recovers from insanity or
imbecility, the sentence shall be executed,
unless the penalty has prescribed.
 Even while serving the sentence, convict
becomes insane or imbecile, above provisions
shall be observed.
Art. 80. Suspension of sentence of minor
delinquents.
(CHILD AND YOUTH WELFARE CODE, PD. 603, AS
AMENDED)
Child in conflict with the law.
Child under sec. 4 of RA 9344 is defined as a person
under eighteen (18) years, child in conflict with the law
refers to a child accused of having committed an
offense.
Minimum Age of Criminal Responsibility. – A child fifteen
(15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention
program.

A child is deemed to be fifteen (15) years of age on the
day of the fifteenth anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate
proceedings.
The exemption from criminal liability herein established
does not include exemption from civil liability, which shall
be enforced in accordance with existing laws ( Section 6,
RA 10630)
DISCERNMENT- Ability of the child in conflict with law to
know the difference between right and wrong.
 If the court finds out that the child in conflict with
the law had not fulfilled the disposition measures
imposed upon him or willfully failed to comply
with the conditions of his disposition, the child
shall be brought before the court for the
execution of judgement regardless of his age.
 If said child has reached eighteen (18) years of
age while under suspended sentence, the court
shall determine whether to discharge the child in
accordance with this act, to order execution of
sentence, or to extend the suspended sentence
for a certain specified period or until the child
reaches the maximum age of 21 years. (Sec. 40,
RA.9344)
Art. 81 DEATH PENALTY (RA. 7659 & RA. 8177)
Applies only to those crimes which are specified under
RA 7659. If a crime is not included in the list of heinous
crimes, the penalty cannot be validly imposed for said
crime.
Heinous crimes
These are grievous, odious and hateful offenses, which
by reason of their inherent or manifest wickedness,
viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of
decency and morality in a just, civilized and ordered
society.
Heinous crimes specified under RA 7659
1. Treason
2. Qualified piracy / mutiny
3. Qualified bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery with Homicide
9. Robbery with rape
10. Robbery with Intentional Mutilation
11. Robbery with arson
12. Destructive Arson
13. Rape committed with the use of deadly weapon
14. Rape committed by two or more persons
15. Rape with Homicide / Attempted rape with
homicide
16. Rape under certain circumstances
17. Plunder
18. Violation of RA 6425, where quantity involved is
more than or equal to that certified under Sec.
20 thereof
19. Carnapping where the owner or occupant of the
vehicle is killed
Prohibition
The Philippines abolished capital punishment in June
2006 when then President Gloria Macapagal-Arroyo
signed Republic Act No. 9346, also known as An Act
Prohibiting the Imposition of the Death Penalty in the
Philippines.
In view of the enactment of RA 9346, the death penalty
may not be imposed. Thus, articles 81 to 85 of the
revised penal code being embraced by the Death
penalty have no application.
Art. 86. Reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and arresto
mayor. — The penalties of reclusion perpetua,
reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed
and served in the places and penal establishments
provided by the Administrative Code in force or
which may be provided by law in the future.
Art. 87. Destierro. — Any person sentenced to
destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the
radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the
place designated.
Destierro is imposed in the ff:
 death or serious physical injuries is caused or
are inflicted under exceptional circumstance.
(Art. 247)
 person fails to give bond for good behavior. (Art.
284)
 concubine’s penalty for the crime of
concubinage. (Art. 334)
 lowering the penalty by degrees.
Art. 88. Arresto menor. — The penalty of arresto
menor shall be served in the municipal jail, or in the
house of the defendant himself under the
surveillance of an officer of the law, when the court
so provides in its decision, taking into consideration
the health of the offender and other reasons which
may seem satisfactory to it.

Arresto menor- Imprisonment ranging from 1 to 30

days.

It is served in:
 Municipal jail.
 In the house of the defendant, but should be
under the surveillance of an officer of the law.
Note: When court so provides due to health
reason of the defendant or other reasons
satisfactory to the court.