Chapter 6

The Indeterminate
Sentence Law (ISLAW)
(ACT NO. 4103, AS AMENDED)
• The basic mandate of the Indeterminate Sentence Law is the imposition of an
indeterminate sentence which is comprised by a MINIMUM term and a MAXIMUM
term. The court instead of imposing a “straight” penalty, the court must determine
two penalties. It is indeterminate in the sense that after serving the MINIMUM, the
convict may be released on parole, or if he is not fitted for release, he shall continue
serving his sentence the end of the MAXIMUM.
• Indeterminate sentence is a sentence with a minimum and a maximum term benefit
of a guilty person, who is not disqualified therefore, when the maximum penalty of
imprisonment exceeds one year. It applies to both violations of the Revised Penal
Code (RPC) and Special Penal Laws (SPL).
THE PURPOSE OF ISLAW
• The purpose of the law is to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and economic usefulness.
As a rule, it is intended to favor the accused particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental, and moral
record as a prisoner to be determined by the Board of Indeterminate Sentence.

• Penalties shall not be standardized but fitted as far as is possible to the individual,
with due regard to the imperative necessity of protecting the social order.
 Coverage of the Application:

General Rule: Exceptions:

All persons convicted of any crimes under Those persons specifically disqualified by law.
Philippine courts regardless whether it is in
violation of RPC or SPL, are qualified for the
application of Indeterminate Sentence Law.
Application of ISLAW
Violation of the Revised Penal Code
• The court shall sentence the accused to an indeterminate sentence the MAXIMUM
TERM of which shall be that which, in view of the attending circumstances, could be
properly imposed under the Code, and the MINIMUM TERM which shall be within the
range of the penalty next lower in degree to the prescribed by the Code for the offense.
• The maximum is the penalty imposed as provided law, depending upon the attending
circumstances. The minimum is one degree next lower to the penalty prescribed for the
offense. The latter is determined without considering the attending circumstances to the
penalty prescribed, and is left to the discretion of the court.
Illustrative Example:
• Homicide with one mitigating circumstance. The maximum penalty prescribed by law
is Reclusion temporal. Since there is one mitigating and no aggravating it will be in
minimum or reclusion temporal minimum period. On the other hand, the minimum is
one degree next lower to reclusion temporal without considering the mitigating
circumstances and that will be prison mayor. The range of prison mayor will depend
upon the discretion of the court. Therefore, the indeterminate penalty is a minimum of
prison mayor (within the range fixed by the court) to a maximum of reclusion
temporal minimum period.

Notes:
RPC Min (next lower to prescribed) to Max (imposable)
Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Art. 64 and for complex crimes under Art. 48

• No AC or MC: Penalty PRESCRIBED medium period

• 1 AC, no MC: Penalty PRESCRIBED maximum period
• No AC, 1 MC: Penalty PRESCRIBED minimum period
• Several ACs and MCs: OFFSET then apply rules to remainder
• No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
• If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense a necessary means
for committing the other): Penalty for the MOST SERIOUS CRIME maximum period
Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed by the
RPC, without regard to its three periods. The court has discretion to fix as the minim term any period
of imprisonment within that penalty next lower to the penalty prescribed.
EXCEPTION
• WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do
NOT follow the aforementioned rule. Consider the privileged mitigating
circumstance FIRST before any AC or MC to get the PENALTY
PRESCRIBED and when proceed as required by the rule on deriving the
minimum term. Otherwise, the maximum of the ISLAW will end up being
lower than the minimum of the ISLAW.
Violation of Special Penal Law
• 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.

Illustrative Example:
• Penalty is one year to 5 years. Indeterminate sentence may be one year
to 3 years or 3 years to 5 years.
SPL: Min (at least that prescribed) to Max (not exceed
prescribed)

• MAXIMUM TERM: Court may fix any as long as it does

not exceed the penalty prescribed by the special law
• MINIMUM TERM: Court has discretion so long as it does
not exceed the minimum prescribed by the special law
Disqualified persons:
ISLAW is not applicable to persons who are:
• Convicted of offenses punished with death or life
imprisonment.
• Those convicted of treason, conspiracy or proposal to
commit treason, misprision of treason, rebellion, sedition
or espionage, or piracy.
• Those who are habitual delinquents.
Notes:
• Recidivists are entitled to an indeterminate sentence.
• Recidivist is one, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the RPC.
• Habitual Delinquent is a person, who within a period of ten years from the
date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estaffa or falsification, is found guilty of
any of said crimes a third time or oftener. (Art. 62, RPC)
4. Those who shall have escaped from confinement or evaded sentence.
Note A minor who escaped from confinement in the reformatory is entitled to
benefits of the law because confinement is not considered imprisonment.

5. Those who having been granted conditional pardon by the President shall
line violated the terms thereof.
6.Those whose maximum period of imprisonment does not exceed one year
Note:
The application of which is based upon the penalty actually imposed in
accordance with law. (People v. Hidalgo, 452, Jan. 22, 1962)

7. Those already serving final judgment upon the approval of this Act
(Decembe 5, 1933).
8. Those sentenced to the penalty of destierro or suspension.
6.Discretion of court to fix minimum

In determining the minimum penalty, the law obligates the courts to

fix the penalties with the widest discretion that the courts have ever
had. The determination of the minimum term is left entirely within
the discretion of the court to fix it anywhere within the ranged the
penalty next lower without reference to the periods into which it
may be subdivided. This obviously applies only for offenses under
the Revised Penal Code.
Notes:

Whenever any prisoner who shall have served the minimum penalty imposed o
him, the Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted thereunder, authorize the
release of such prisoner on parole. If during the period of surveillance, such
parolee shall show himself to be a law-abiding citizen and shall not violate any
of the laws of the Philippines, the Board may issue a final certificate of release
in his favor. Whenever any prisoner released on parole shall, during the period
of surveillance, violate any of the conditions of his parole, the Board may issue
an order for his re-arrest and shall serve the remaining unexpired portion of the
maximum sentence.
The application of the Indeterminate Sentence Law
is mandatory if the imprisonment would exceed
one year. It would be favorable to the accused.
THANK YOU!!