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

In case the penalty comes from the result of a plea-bargaining, the minimum penalty will be the one
lower than that of the downgraded offense.

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.
Once the minimum term is served, the prisoner becomes eligible for parole if he proves that he has
complied with the conditions imposed on him when he was made to serve sentence. Parole doesn't
mean a person has fully served sentence, however. It means that he is allowed to serve the remainder
of his sentence out of jail but under the supervision of an appointed parole officer. He is required to
report to this parole officer on appointed dates for the remainder of the prison term. During parole, the
prisoner released on parole must apply himself to a legitimate occupation and prove himself to be a
law-abiding citizen. His residence will be fixed and changed from time to time under the discretion of
the Board of Indeterminate Sentence/Board of Pardons and Parole. The board can issue a final
certification of release if the paroled prisoner has proven himself to be a law-abiding citizen.

If he violates the terms and conditions of his parole he can be arrested again. If that happens, he will
have to serve the remaining term of his prison sentence behind bars.
Probation is a privilege, not a right. It can be granted only if the accused deserves it. If granted, the accused
will be convicted but released. He will then comply with mandatory and discretionary conditions imposed by
the court and be placed under the supervision of a probation officer. The discretionary conditions depend on
the court's assessment of the accused but they must be constructive, consistent with his conscience, not as
burdensome as the original penalty of the crime and must not unreasonably restrict his liberty. Note: must
not unreasonably restrict his liberty. A penalty is always a restriction of liberty but restrictions must be
reasonable and proportionate to the offense. The mandatory conditions are:

1.) To report to the probation officer within 72 hours from the time the order was received; and
2.) To regularly report to the probation officer at least once a month or sooner as may seem fit.

The Probation Law has objectives similar to the Indeterminate Sentence Law:

1.) Rehabilitation and correction of the accused through individualized treatment

2.) To give better chances for a repentant criminal to reform
3.) Prevent further commission of crimes as he is placed under the probation officer's supervision
4.) Decongest the jails
5.) Save the government from spending money for maintaining the accused in prison

Probation may be granted whether the penalty is imprisonment or a fine only. For imprisonment, the penalty
should be 6 years or less. Probation will be denied in any of the following circumstances:

1.) The accused needs correctional treatment that can best be provided if he is committed to an institution
2.) There is an undue risk that he will commit another crime during the probation period.
3.) Probation will make the offense not look serious.

Regarding #3, there is a case where an accused's application for probation was denied because she didn't
comply with the court's orders in 54 counts of BP 22 violations and instead executed a simulated (fake) deed
of sale (Santos vs CA, GR127899, December 2, 1999.)

There are also disqualifications. These are:

1.) The prison term exceeds 6 years (even if by just 1 day)

2.) Those convicted of subversion

3.) Those convicted of the following crimes against national security:

a.) Treason
b.) Conspiracy and proposal to commit treason
c.) Misprision of Treason
d.) Espionage
e.) Inciting to war and giving motives to reprisal
f.) Violation of neutrality
g.) Correspondence with hostile country
h.) Flight to enemy country
i.) Piracy and mutiny (piracy is an international crime and can be tried by any country in the world.)

4.) Those convicted of the following crimes against public order:

a.) Rebellion, insurrection, coup, sedition

b.) Illegal assemblies and associations
c.) Direct/indirect assault, resistance an disobedience
d.) Public disorders (tumults, alarms and scandals)
e.) Delivery of prisoners from jail
f.) Evasion of service of sentence
g.) Quasi-recidivism

5.) Those who were previously convicted of a crime punishable by at least 1 month and 1 day and/or a fine
of at least Php200.00

6.) Those who were once recipients of probation (probation can be granted to a person only once.)
7.) Those who were already serving sentence when the Probation Law took effect (Martial Law years)

8.) Those enjoying the benefits of PD 603 (the Child and Youth Welfare Code) and similar laws

9.) Those who perfected an appeal (probation and appeal are mutually exclusive remedies; you can't use
both at the same time.)

Regarding those suffering several prison terms, multiple terms are distinct from each other. However, if the
total number of prison terms doesn't exceed 6 years, the accused is entitled to probation. The application for
probation must also be filed during the period for perfecting an appeal. Take note: conviction becomes final
if the accused applies for probation. If granted, the accused's sentence is suspended but still stands. If he
violates his probation, he can be arrested and brought to court for an informal summary hearing (but can
post bail while the hearing is going on as well.) If the violation is proven, the court may or may not revoke
the probation. If probation is revoked the accused will serve full sentence. The revocation order is not
appealable.

If the probation prisoner complies with his requirements throughout the period of probation the court will
give him a final discharge. The probationer 's civil rights will then be fully restored and his penalties and
fines will be discharged.

Duration of Probation

1.) Imprisonment of not more than 1 year: maximum probation of 2 years

2.) 1 to 6 years imprisonment: maximum of 6 years
3.) Fine with subsidiary imprisonment: twice the period computed in Art. 39 of the Revised Penal Code