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ISLAW
ISLAW
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:
ISLAW applies to offenses punished by Special Law and Revised Penal Code.
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:
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
Important: If your maximum penalty is wrong, it follows that the minimum penalty will
also be wrong.
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.
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)
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
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.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period