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?
 unreasonably restrict his liberty. Note: must not unreasonably restrict his liberty. A
The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by penalty is always a restriction of liberty but restrictions must be reasonable and
one degree but still place it at the maximum period. Thus, the maximum penalty shall proportionate to the offense.
be prision correctional in the maximum period.
The mandatory conditions are:
4 mitigating, NO aggravating
1. To report to the probation officer within 72 hours from the time the order
Maximum penalty: arresto mayor in its maximum period was received; and
In case the penalty comes from the result of a plea-bargaining 2. To regularly report to the probation officer at least once a month or sooner
Minimum penalty: will be the one lower than that of the downgraded as may seem fit.
offense.
The Probation Law has objectives similar to the Indeterminate Sentence Law:
Minimum and maximum penalties are specified in order to prevent unnecessary
deprivation of liberty and enhance his economic usefulness. The maximum penalty 1. Rehabilitation and correction of the accused through individualized
is necessary for the imposition of accessory penalties while the minimum penalty is treatment
important to allow the prisoner the chance for parole. In short, he is given a chance 2. To give better chances for a repentant criminal to reform
to redeem himself. 3. Prevent further commission of crimes as he is placed under the probation
officer's supervision
Once the minimum term is served, the prisoner becomes eligible for parole if he 4. Decongest the jails
proves that he has complied with the conditions imposed on him when he was made 5. Save the government from spending money for maintaining the accused in
to serve sentence. Parole doesn't mean a person has fully served sentence, prison
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 Probation may be granted whether the penalty is imprisonment or a fine only. For
to this parole officer on appointed dates for the remainder of the prison term. imprisonment, the penalty should be 6 years or less. Probation will be denied in any
of the following circumstances:
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 1. The accused needs correctional treatment that can best be provided if he
and changed from time to time under the discretion of the Board of Indeterminate is committed to an institution
Sentence/Board of Pardons and Parole. 2. There is an undue risk that he will commit another crime during the
probation period.
The board can issue a final certification of release if the paroled prisoner has proven 3. Probation will make the offense not look serious.
himself to be a law-abiding citizen.
Regarding #3, there is a case where an accused's application for probation was
If he violates the terms and conditions of his parole he can be arrested again. If that denied because he didn't comply with the court's orders in 54 counts of BP 22
happens, he will have to serve the remaining term of his prison sentence behind violations and instead executed a simulated (fake) deed of sale (Santos vs CA,
bars. GR127899, December 2, 1999.)

Probation is a privilege, not a right. It can be granted only if the accused deserves There are also disqualifications. These are:
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 1. The prison term exceeds 6 years (even if by just 1 day)
the supervision of a probation officer. The discretionary conditions depend on the 2. Those convicted of subversion
court's assessment of the accused but they must be constructive, consistent with his 3. Those convicted of the following crimes against national security:
conscience, not as burdensome as the original penalty of the crime and must not a. Treason
 b. Conspiracy and proposal to commit treason If the probation prisoner complies with his requirements throughout the period of
c. Misprision of Treason probation the court will give him a final discharge. The probationer's civil rights will
d. Espionage then be fully restored and his penalties and fines will be discharged.
e. Inciting to war and giving motives to reprisal
f. Violation of neutrality Duration of Probation
g. Correspondence with hostile country
h. Flight to enemy country 1. Imprisonment of not more than 1 year: maximum probation of 2 years
i. Piracy and mutiny (piracy is an international crime and can be tried 2. 1 to 6 years of imprisonment: maximum of 6 years
by any country in the world.) 3. Fine with subsidiary imprisonment: twice the period computed in Art. 39 of
4. Those convicted of the following crimes against public order: the Revised Penal Code
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.