Indeterminate Sentence Law (ISLAW): How to
determine maximum and minimum penalties
(Act no 4103 as amended)
The Indeterminate Sentence Law is mandatory in
all cases, EXCEPT if the accused will fall in any of
the following exceptions:
1. if sentenced with a penalty of death or life
imprisonment
2. if convicted of treason, conspiracy, proposal to
commit treason
3. if convicted of misprision of treason, sedition,
rebellion or espionage
4. if convicted of piracy
5. if the offender is a habitual delinquent
6. those who escaped from prison or evaded
sentence
7. those who violated the terms of conditional
pardon of the chief executive
8. where the maximum term of imprisonment does
not exceed 1 year (important!)
9. if convicted by final judgement at the time of the
effectivity of Act No. 4103
10. if penalized with suspension or distierro
If accused fall in any of the foregoing exceptions.
DO NOT APPLY ISLAW!
ISLAW applies to offenses punished by Special
Law and Revised Penal Code.
Why is ISLAW 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.
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
aggravating 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.
(More examples)
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 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 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