bllnotes

To God be the glory!

INDETERMINATE SENTENCE LAW (ACT No. 4103 as amended by Act No. 4225)
--------

Purpose of ISLaw It is to uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. Imposition of ISLaw under RPC The court shall sentence the accused to an IS the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of RPC, and the minimum of which shall be within the range of the penalty next lower to that prescribed by the Code for the offense. *The court cannot put the minimum penalty in the same period and the same degree as the maximum penalty because the minimum penalty shall be within the range of the penalty next lower to that prescribed by the Code for the offense. The penalty next lower must be based on the penalty prescribed by the Code for the offense, without considering in the meantime the modifying circumstances, such as, the mitigating or aggravating circumstances. When there is a PRIVILEGED MITIGATING CIRCUMSTANCE (ie. Minority) 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 from that prescribed by the Code for the offense. Imposition of ISLaw under any other law (i.e, special law) The court shall sentence the accused to an IS, 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. Non-Applicability of ISLaw 1. Persons convicted of offenses punished with: a. Death Penalty b. Life Imprisonment 2. Persons convicted for the crime of: a. Treason b. Conspiracy or proposal to commit treason c. Misprision of treason d. Rebellion e. Sedition or Espionage f. Piracy 3. Persons who: a. Are habitual delinquent b. Have escaped from confinement or evaded sentence c. Have been granted by pardon by the Chief Exec., but violated the terms thereof d. Whose maximum term of imprisonment does not exceed 1 year e. Those already sentenced by final judgment at the time of approval of this Act, except as provided in Sec. 5 (eligibility for parole). Who are eligible for parole? Whenever any prisoner shall 1. Have served the minimum penalty imposed on him, 2. Per BIS report and investigation, it appears that such prisoner is fitted by his training for release
I will never leave you nor forsake you. . Hebrew 13:5

Page 1

bllnotes

To God be the glory!

3. There is a reasonable probability that such prisoner will live and remain at liberty without violating the law 4. That such release will not be incompatible with the welfare of society. Certification of Final Release If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not violate any of the laws of the Philippines, the BIS may issue a final certification of release in prisoners favor, which shall entitle him to final release and discharge. Effects of violation of parole The BIS may issue an order for his arrest which may be served in any part of the Phils. by any police officer. o In such case, the prisoner so arrested shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison, unless the BIS shall, in its discretion, grant a new parole to the said prisoner. *In cases where the application of ISLaw would be unfavorable to the accused, resulting in the lengthening of his prison sentence, said law on indeterminate sentence should not be applied. The law on IS as a rule is intended to favour the defendant in a criminal case particularly to shorten his term imprisonment depending upon his behavior. *In view of the nature of the penalty of destierro, the convict is not entitled to the provisions of ISLaw, since the benefits of the law are expressly granted to those who are sentenced to imprisonment exceeding one year.

I will never leave you nor forsake you. . Hebrew 13:5

Page 2