Indeterminate Sentence Law

Act No. 4103

 01
ACT NO.4103
(As Amended by Act No.4225 and Republic Act No.4203 [June 19,1965])

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL

PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS
THEREFOR; AND FOR OTHER PURPOSES.
 WHEN DOES THE ACT
APPLICABLE?

IF THE PENALTY IS IMPOSED IF THE PENALTY IS IMPOSED

BY THE RPC: BY SPECIAL PENAL LAW
1. The Maximum Term – is that which could be
properly imposed under the RPC, considering the 1. The Maximum Term – must not exceed the
aggravating and mitigating circumstances. maximum term fixed by said law.

2. The Minimum Term – is within the range of the 2. The Minimum Term – must not be less than
penalty one degree lower than that prescribed by the the minimum term prescribed by the same.
RPC, without considering the circumstances.
 HOMICIDE

RECLUSION
TEMPORAL
1 Mitigating RECLUSION TEMPORAL
MINIMUM PERIOD OF 12 years 1 day to 14 years 8 months
No Aggravating

RECLUSION TEMPORAL
RECLUSION TEMPORAL
No Mitigating
MAXIMUM PERIOD OF 17 years 4 months 1 day to 20 years
1 Aggravating
.
 HOMICIDE

Prision Mayor
2 or More Mitigating Prision Mayor
Minimum one Degree lower than Reclusion Temporal, (From 6
No Aggravating years and 1 day to 12 years.
 WHEN DOES THE ACT
APPLICABLE?

IF THE PENALTY IS IMPOSED IF THE PENALTY IS IMPOSED

BY THE RPC: BY SPECIAL PENAL LAW
1. The Maximum Term – is that which could be
properly imposed under the RPC, considering the 1. The Maximum Term – must not exceed the
aggravating and mitigating circumstances. maximum term fixed by said law.

2. The Minimum Term – is within the range of the 2. The Minimum Term – must not be less than
penalty one degree lower than that prescribed by the the minimum term prescribed by the same.
RPC, without considering the circumstances.
Under Special Law

If penalty is 10 to 15 years:

Minimum = cannot be less than 10 years

Maximum = shall not exceed 15 years

” The court shall sentence the accused to an

indeterminate sentence, the MAXIMUM TERM of
which shall not exceed the maximum fixed by said
law and the minimum shall not be less than the
MINIMUM TERM prescribed by the same. (Q11,
1994 Bar) ”
THE ACT DOES NOT APPLY TO
THE FOLLOWING:
1. Convicted of offenses punished with 4. Those who shall have escaped from
death or life imprisonment. confinement or evaded sentence.

5. Those who having been granted

2. Those convicted of treason, conditional pardon by the President
conspiracy or proposal to commit shall have violated the terms thereof.
treason, misprision of treason, rebellion,
sedition or espionage, or piracy.

6. Those whose maximum period of

3. Those who are habitual delinquents. imprisonment does not exceed one year.
7. Those already serving final judgment
upon the approval of this Act

8. Those sentenced to the penalty of

destierro or suspension.