OUTLINING THE INDETERMINATE SENTENCE LAW

(R.A. No. 4103, effective Dec. 5, 1933)

A. Purpose
To uplift and redeem valuable human material, and prevent unnecessary and excessive
deprivation of liberty and economic usefulness. 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.
(People v. Ducosin, 59 Phil 109)
. !overage
".#$%$&A' &('$) All persons convicted of certain crimes under Philippine courts
*.$+!$PT,-%. (.ec. *)) 'aw will %-T apply to persons
(") !onvicted of offense punishable with det! "e#$t% o& $ife i'"&i(o#'e#t
(*) /hose maximum term of imprisonment doe( #ot e)ceed o#e %e&
(0) !onvicted of t&e(o#, co#("i&c% o& "&o"o($ to co''it t&e(o#,
'i("&i(io# of t&e(o#
(1) !onvicted of &e*e$$io#, (editio#, e("io#+e,
(2) !onvicted of "i&c%
(3) /ho are !*it,$ de$i#-,e#t(
(4) /ho e(c"ed co#fi#e'e#t OR evded (e#te#ce OR vio$ted t!e te&'(
of co#ditio#$ "&do#
(5) Persons $&ed% (e#te#ced *% fi#$ .,d+'e#t t t!e ti'e t!i( Act /(
""&oved (6ec. 2, "700)
!. &ules for Application
&$!A'' distinctions) (") Penalty P&$.!&,$6 (by &P! or special law)
(*) Penalty ,8P-.A'$ (after ta9ing circumstances into account)
(0) Penalty ,8P-.$6 (after applying all rules under &P! and the
,ndeterminate .entence 'aw)
If offe#(e i( ",#i(!ed *% t!e R01 If offe#(e i( ",#i(!ed *% ("eci$ $/
8A+,8(8 term) maximum penalty
imposable after ta9ing attending
circumstances into account
8A+,8(8 term) shall not exceed the
maximum term prescribed by the special
law
8,%,8(8 term) range of penalty #e)t
$o/e& to penalty prescribed
8,%,8(8 term) shall not be less than the
minimum term prescribed by the special
law

:ormula for easy reference)
Offe#(eR01 2 3i# (next lower to prescribed) to 3) (imposable)
Offe#(e40E1IAL 2 3i# (at least that prescribed) to 3) (not exceed prescribed)
1. 0&oced,&e /!e# t!e c&i'e i( ",#i(!ed *% t!e R01
(") 6erive 3A5I3U3 te&' i'"o(*$e by applying rules for aggravating (A!)
and ordinary mitigating circumstances (8!) under Art. 31 and for complex
crimes under Art. 15.
") %o A! or 8!) Penalty P&$.!&,$63EDIU3 "e&iod
*) " A!, no 8!) Penalty P&$.!&,$63A5I3U3 "e&iod
0) %o A!, " 8!) Penalty P&$.!&,$63INI3U3 "e&iod
1) .everal A!s and 8!s) -::.$T then apply rules to remainder
2) %o A!, * or more 8!s) Penalty %$+T '-/$& ,% 6$#&$$ T-
T;AT P&$.!&,$6
3) ,f !-8P'$+ !&,8$ (* or more grave or less grave felonies -& one
offense is a necessary means for committing the other)) Penalty for
the 8-.T .$&,-(. !&,8$8A+,8(8 P$&,-6
(*) 6erive 3INI3U3 te&' by getting the penalty one degree lower than the
penalty prescribed by the &P!, without regard to its three periods. The
court has discretion to fix as the minimum term any period of imprisonment
within that penalty next lower to the penalty prescribed.
E51E0TION6 7HEN THERE I4 A 0RI8ILEGED 3ITIGATING
1IR1U34TAN1E, do NOT fo$$o/ t!e fo&e'e#tio#ed &,$e.
1o#(ide& t!e "&ivi$e+ed 'iti+ti#+ ci&c,'(t#ce 9IR4T
*efo&e #% A1 o& 31 to +et t!e 0ENALT: 0RE41RI;ED #d
t!e# "&oceed ( &e-,i&ed *% t!e &,$e o# de&ivi#+ t!e
'i#i',' te&'. Ot!e&/i(e, t!e ')i',' of t!e I4 L/ /i$$
e#d ," *ei#+ $o/e& t!# t!e 'i#i',' of t!e I4 L/.
To illustrate, note the following comparisons)
!&,8$, circumstances, and
penalty prescribed
:ollowing the <regular=
procedure for deriving the
minimum and maximum term
Applying the $xception with
respect to the minimum term
". ;omicide (Art. *17))
reclusion temporal
*. !ommitted by a person
7>"2 years old with
discernment (Art. 35
". Penalty prescribed)
reclusion temporal
*. :or 8A+,8(8 term)
-rdinarily, reclusion
temporal medium.
". Penalty prescribed)
reclusion temporal
*. :or 8A+,8(8 term,
ta9e the privileged
mitigating
2
mandates that the
penalty to be imposed
should be two degrees
lower than the penalty
prescribed)
0. %o other mitigating or
aggravating
circumstance
Ho/eve&6 +ive# t!e
"&ivi$e+ed 'iti+ti#+
ci&c,'(t#ce, the
penalty * degrees
lower is prision
correccional
0. :or 8,%,8(8 term)
prision mayor medium
1. The absurd
result of the
application)
The penalty ,8P-.A'$
is within the 8aximum
term of P&,.,-%
!-&&$!!,-%A' and
the 8inimum term of
P&,.,-% 8A?-&
8$6,(8.
circumstance into
account) prision
correccional
0. :or 8,%,8(8 term,
get the %$/ <penalty
prescribed= first by
applying the privileged
mitigating
circumstance (prision
correctional medium).
Then get the penalty
one degree lower
from the %$/ penalty
prescribed) arresto
mayor medium
The penalty
,8P-.A'$ is within
the 8aximum term of
P&,.,-%
!-&&$!!,-%A' and
the 8inimum term of
A&&$.T- 8A?-&
8$6,(8.
%-T$) this solution is
permitted because the
,.'A/ is predicated on
ordinary mitigating and
generic aggravating
circumstances only.
(0) .ome sample solutions for different permutations under Art. 31 and 15
Table ")
!&,8$, circumstances, and penalty
prescribed
Application of the ,. 'aw
". ;omicide (Art. *17)) reclusion
temporal
*. %o 8! or A!
". 8aximum term) reclusion temporal
medium
*. 8inimum term) prision mayor
Table *)
!&,8$, circumstances, and penalty
prescribed
Application of the ,. 'aw
". ;omicide (Art. *17)) reclusion
temporal
*. 8itigating circumstance of plea of
guilt, %o A!
". 8aximum term) reclusion temporal
minimum
*. 8inimum term) prision mayor
Table 0)
!&,8$, circumstances, and penalty
prescribed
Application of the ,. 'aw
3
". ;omicide (Art. *17)) reclusion
temporal
*. Aggravating circumstance of
recidivism, %o 8!
". 8aximum term) reclusion temporal
maximum
*. 8inimum term) prision mayor
Table 1)
!&,8$, circumstances, and penalty
prescribed
Application of the ,. 'aw
". ;omicide (Art. *17)) reclusion
temporal
*. Aggravating circumstance of
nighttime
0. 8itigating circumstances of
voluntary surrender and plea of
guilt
1. -::.$TT,%# the 8!s with the
A! would yield one 8!

:-''-/ TA'$ * P&-!$6(&$
Table 2)
!&,8$, circumstances, and penalty
prescribed
Application of the ,. 'aw
". !omplex crime of frustrated
homicide with assault upon an
agent of a person in authority
(Arts. *17, 3, "15, and 15)
Penalty for frustrated homicide) (one
degree lower from reclusion temporal)
prision mayor
Penalty for assault) prision
correccional in its medium and
maximum periods
Penalty for the complex crime)
P&,.,-% 8A?-& (penalty for the
graver offense)
*. %o 8!s or Acs
". 8aximum term) prision mayor maximum
*. 8inimum term) prision correctional
<. 0&oced,&e /!e# t!e c&i'e i( ",#i(!ed *% ("eci$ $/
(") 3A5I3U3 TER3) !ourt may fix any as long as it does not exceed the penalty
prescribed by the special law
(*) 3INI3U3 TER3) !ourt has discretion so long as it does not exceed the minimum
prescribed by the special law
(0) $xample) for the crime of illegal possession of firearms, not used for rebellion or
sedition, the ,. 'aw range is anywhere between ">2 years.
6. ,nstitutions involved
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". -A&6 -: PA&6-%. A%6 PA&-'$
(") 1o'"o(itio#) .ecretary of @ustice (!hairman) and 1 members to be
appointed by the President (with the consent of the !ommission on
Appointments) under 3 year terms. oard members should include a
trained (ocio$o+i(t, c$e&+%'#=ed,cto&, "(%c!it&i(t. At least one
member should be a /o'#.
(*) 1o'"e#(tio#) 2A pesos for each meeting actually attended and
reimbursement for actual and necessary traveling expenses incurred.
8aximum of 0 board meetings per wee9.
(0) 0o/e&( #d f,#ctio#(
") Authorized to adopt rules and regulations necessary to carry out its
functions
*) !an call upon any bureau, office, branch, subdivision, agency, or
#overnment instrumentality for assistance in the performance of its
functions
0) 6ecisions will be arrived at by 8A@-&,T? B-T$. A Cuorum will be
constituted by a 8A@-&,T?. 6issent from the maDority opinion will be
reduced to writing and filed with the records of the proceedings.
*. -A&6 -: ,%6$T$&8,%AT$ .$%T$%!$
(") 0o/e&( #d f,#ctio#(
") 'oo9 into the physical, mental, and moral record of the prisoners who
shall be eligible for parole to determine proper time of release of such
prisoners
*) 7!e# "&i(o#e& !( (e&ved t!e 'i#i',' "e#$t% i'"o(ed, the
oard may authorize release of the prisoner on parole)
a) ased on reports of the prisoner=s wor9 and conduct, it is
shown that the prisoner is fitted by his training for release
b) There is a reasonable probability that such prisoner will live
and remain at liberty without violating the law
c) &elease will not be incompatible with the welfare of society
(*) 0&oced,&e fo& &e$e(e of "&i(o#e&
") oard must file with the court which passed Dudgment on the case
and with the P%P !hief a ce&tified co"% of ec! o&de& of
co#ditio#$ o& fi#$ &e$e(e #d di(c!&+e.
*) Prisoner released may be designated specific conditions as to his
parole, and reCuired to report personally to such government officials
or other parole officers appointed by the oard for a period of
.(&B$,''A%!$ eCuivalent to the remaining portion of the maximum
sentence imposed upon him -& until final release and discharge by
the oard.
0) 6esignated parole officers shall 9eep records and reports reCuired by
the oard.
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1) oard may fix the limits on the residence of the paroled prisoner or
change it from time to time. ,f during the period of surveillance the
prisoner shows himself to be a law>abiding citizen and shall %-T
violate any laws, the oard may issue a fi#$ ce&tificte of &e$e(e
#d di(c!&+e.
2) ,f prisoner violates any of the conditions of his parole, the oard may
i((,e # o&de& fo& &e>&&e(t of t!e "&i(o#e&. The prisoner re>
arrested shall serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison, unless the
oard grants him new parole.
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