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Indeterminate Sentence Law Jd4104
Indeterminate Sentence Law Jd4104
Basic 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. Ducosin)
Minimum Term
Within the range of the penalty one degree lower than that Must not less than the minimum term prescribed by the
prescribed by the RPC, without considering the same.
circumstances.
Note: For special laws, it is anything within the
Note: BUT when there is a privileged mitigating inclusive range of the prescribed penalty. Courts are
circumstance, so that the penalty has to be lowered by one given discretion in the imposition of the indeterminate
degree, the STARTING POINT for determining the minimum penalty. The aggravating and mitigating circumstances
term of the indeterminate penalty is the penalty lower than are not considered unless the special law adopts the
that prescribed by the Code for the offense. same terminology for penalties as those used in the
RPC (such as reclusion perpetual and the like).
Application of the Indeterminate Sentence Law to cases specified therein is mandatory. (Amurao, 2013)
The ISLAW application is mandatory, where imprisonment would exceed one year but only when the ISL would be
favorable to the accused; if it would result in lengthening his prison sentence, ISLAW should NOT be applied.
The court has the unqualified discretion to fix the minimum term of the indeterminate sentence in violations of
the Revised Penal Code and its amendments.
The rules and provisions which must be applied to determine the maximum term of the indeterminate penalty are those
provided in Articles 46, 48, 50 to 57, 61, 62 (except paragraph 5), 64, 65, 68, 69 and 71. However, the aforesaid rules and
provisions in those Articles particularly Articles 50 to 57, 62, 64 and 65 are not applicable in fixing the minimum term of the
indeterminate penalty. The court has the unqualified discretion to fix the term of the minimum. The only limitation is that it
is within the range of the penalty next lower to that prescribed by the Revised Penal Code for the offense committed,
without regard to its three periods.
Non-applicability of ISLAW
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
But a recidivist for the first time may be given the benefits of the ISL…
Reasons for fixing the Maximum and Minimum Terms in the Indeterminate Sentence:
The minimum and maximum terms in the ISLAW must be fixed because they are the basis for the following:
If prisoner released on parole shall, during the period of surveillance, violate any of the conditions of his parole
1 Board may issue an order for his arrest and;
2 The prisoner shall serve remaining unexpired portion of the maximum sentence for which he was originally
committed to prison. (Secs. 5 and 8, RA 4103)
EVEN IF the prisoner, after having served minimum of his sentence, is not seen as fit to be released for parole he shall
continue to serve imprisonment until the end of the maximum term.
The Board may issue a final certification in his favor, for his final release and discharge. (SBC Law, 2012)
Example # 4: Adam killed Jon during nighttime. Adam voluntarily surrendered and pleaded guilty.
1 Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2 2 MC + 1 AC = NOT APPLICABLE
3 MAXIMUM INDETERMINATE SENTENCE
2 MC, 1 AC = 1MC
MAXIMUM ISL = Reclusion Temporal, Minimum Term
4 MINIMUM INDETERMINATE SENTENCE
One degree lower = Prision Mayor
ISL: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM
Example #5: Adam killed Jon. Adam voluntarily surrendered and pleaded guilty.
1 Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2 2 MC (voluntary surrender & plea of guilty)
Penalty: One degree lower = Prision Mayor
3 MAXIMUM INDETERMINATE SENTENCE
No remaining MC & AC
MAXIMUM ISL = Prision Mayor, Medium Term
4 MINIMUM INDETERMINATE SENTENCE
One degree lower = Prision Correccional
ISL: PRISION CORRECCIONAL to PRISION MAYOR, MEDIUM
Example # 6: Adam when he was 17y/o killed Jon with discernment. Adam voluntarily surrendered.
1 Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2 Minority: 17y/o with discernment
Penalty: One degree lower = Prision Mayor
3 MAXIMUM INDETERMINATE SENTENCE
1 MC (voluntary surrender), No AC
MAXIMUM ISL = Prision Mayor, Minimum Term
4 MINIMUM INDETERMINATE SENTENCE
One degree lower = Prision Correccional
ISL: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM
Example #7: Behati stabbed and killed Adam when A placed his hands on the thigh of B, w/o any provocation on
her part.
1 Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2 Incomplete defense: unlawful aggression & lack of sufficient provocation
Penalty = 2 degrees lower = PRISION CORRECIONAL
3 MAXIMUM INDETERMINATE SENTENCE
No MC, No AC
Prision Correccional, Medium
4 MINIMUM INDETERMINATE PENALTY
Arresto Mayor, Medium
IP: Arresto Mayor as medium to Prision Correccional in its medium period
Example #8: Jon killed Adam in incomplete self-defense. There was no unlawful aggression by Adam and no
sufficient provocation on the part of Jon. But the means employed by Jon to defend himself was not reasonable.
Jon acted w/ obfuscation and after killing Adam, surrendered himself.
1 Crime: Homicide
Penalty: Reclusion temporal
2 Incomplete defense: unlawful aggression & lack of sufficient provocation
2 Degrees lower = PRISION CORRECIONAL
2 MC (Obfuscation & Voluntary surrender)
1 Degree lower = ARRESTO MAYOR
Penalty: Arresto Mayor, Medium
Example # 9 Adam was guilty of complex crime of frustrated Homicide with assault upon Jon an agent of a
person in authority.
1 Crime: FRUSTRATED HOMICIDE with ASSAULT
Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1 degree lower)
Assault: Prision Correccional Med to Max Period
Penalty to be considered: PRISION MAYOR (higher)
2 Not Applicable
3 MAXIMUM INDETERMINATE SENTENCE
Prision Mayor, Maximum (Art.48)
4 MINIMUM INDETERMINATE PENALTY
Prision Correccional
IP: Prision Correccional as minimum to Prision Mayor in its maximum period as maximum
Example # 10: Adam attempted to kill his uncle Jon, a senior citizen. He was not able to kill Jon because he was
arrested upon complaint of Jon as regard to Adam’s threats that he will kill him.
1 Crime: GRAVE THREATS
Penalty: Prision Correccional (2 degrees lower penalty for homicide)
Art. 281 (1)
2 Not Applicable
3 MAXIMUM INDETERMINATE PENALTY
No MC, 2ACs (Relationship & disregard of respect)
= Prision Correccional, Maximum
4) MINIMUM INDETERMINATE PENALTY
= Arresto Mayor
IP: Arresto Mayor as minimum to Prision Correccional in its maximum period as maximum.
Other Doctrines
People v. Asturias
(reiterated in Serrano v. Court of Appeals, People v. Narvasa, People v. Lampaza, and People v. Tan)
The penalty of reclusion perpetua as synonymous to life-imprisonment for purposes of the Indeterminate
Sentence Law, and ruled that the latter law does not apply to persons convicted of offenses punishable with the said
penalty.
Parole is extended only to those convicted of divisible penalties. Reclusion perpetua is an indivisible penalty, with
no minimum or maximum period.
People v. Gonzales
The graver offense, which is Falsification, punishable by prision mayor and should be in MAXIMUM period.
But attending two mitigating circumstances (ordinary mitigating, will count only one), it will lower by one degree, or
prision correccional and should be apply to MAXIMUM period because of its complexity and circumstances.
Hence, the court imposes from any range of arresto mayor to prision correccional in maximum term as the
maximum penalty.
RE. PENALTY IMPOSED BY JUDGE TEOFILO GUADIZ, JR., CFI, BRANCH V, NUEVA ECIJA, IN CRIMINAL CASE
NO. 604, ENTITLED, "PEOPLE OF THE PHILIPPINES, vs. FROILAN MAGLAYA"
The requirement of imposing an indeterminate sentence in all criminal offenses, whether punished by the Revised
Penal Code or by special laws, with definite minimum and maximum terms, as the Court deems proper within the
legal range of the penalty specified by the law must, therefore, be deemed mandatory.