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)
B. Coverage
1. GENERAL RULE: All persons convicted of certain crimes under Philippine courts
2.

EXCEPTIONS (Sec. 2): Law will NOT apply to persons

(1) Convicted of offense punishable with death penalty or life imprisonment
(2) Whose maximum term of imprisonment does not exceed one year
(3) Convicted of treason, conspiracy or proposal to commit treason,
misprision of treason
(4) Convicted of rebellion, sedition, espionage,
(5) Convicted of piracy
(6) Who are habitual delinquents
(7) Who escaped confinement OR evaded sentence OR violated the terms of
a conditional pardon
(8) Persons already sentenced by final judgment at the time this Act was
approved (Dec. 5, 1933)
C. Rules for Application
RECALL distinctions: (1)
Penalty PRESCRIBED (by RPC or special law)
(2) Penalty IMPOSABLE (after taking circumstances into account)
(3) Penalty IMPOSED (after applying all rules under RPC and the
Indeterminate Sentence Law)

If offense is punished by the RPC

MAXIMUM term: maximum penalty
imposable after taking attending
circumstances into account
MINIMUM term: range of penalty
next lower to penalty prescribed

If offense is punished by a special

law
MAXIMUM term: shall not exceed the
maximum term prescribed by the
special law
MINIMUM term: shall not be less than
the minimum term prescribed by the
special law

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Formula for easy reference:
OffenseRPC = Min (next lower to prescribed) to Max (imposable)
OffenseSPECIAL = Min (at least that prescribed) to Max (not exceed prescribed)
1. Procedure when the crime is punished by the RPC
(1) 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.
1) No AC or MC: Penalty PRESCRIBEDMEDIUM period
2) 1 AC, no MC: Penalty PRESCRIBEDMAXIMUM period
3) No AC, 1 MC: Penalty PRESCRIBEDMINIMUM period
4) Several ACs and MCs: OFFSET then apply rules to remainder
5) No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO
THAT PRESCRIBED
6) If COMPLEX CRIME (2 or more grave or less grave felonies OR
one offense is a necessary means for committing the other):
Penalty for the MOST SERIOUS CRIMEMAXIMUM PERIOD
(2) 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 minimum 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 then proceed
as required by the rule on deriving the minimum
term. Otherwise, the maximum of the IS Law will
end up being lower than the minimum of the IS
Law.

To illustrate, note the following comparisons:

CRIME, circumstances, and
penalty prescribed

Following the regular Applying the Exception

procedure for deriving the with respect to the
minimum and maximum minimum term
term
1. Homicide (Art. 249):
1.
Penalty prescribed: 1.
Penalty prescribed:
reclusion temporal
reclusion temporal
reclusion temporal

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2. Committed
by
2.
a
person 9-15 years
old with discernment
(Art. 68 mandates
that the penalty to
be imposed should
be
two
degrees
lower
than
the
penalty prescribed)
3. No other mitigating
or
aggravating
3.
circumstance
4.

For MAXIMUM term: 2.

Ordinarily, reclusion
temporal medium.
However:
given
the
privileged
mitigating
circumstance, the 3.
penalty 2 degrees
lower
is
prision
correccional
For MINIMUM term:
prision
mayor
medium
The absurd
result
of
the
application:
The
penalty
IMPOSABLE is within
the Maximum term of
PRISION
CORRECCIONAL
and
the Minimum term of
PRISION
MAYOR
MEDIUM.

For MAXIMUM term,

take the privileged
mitigating
circumstance into
account:
prision
correccional
For MINIMUM term,
get
the
NEW
penalty
prescribed first by
applying
the
privileged
mitigating
circumstance
(prision
correctional
medium). Then get
the penalty one
degree lower from
the NEW penalty
prescribed:
arresto
mayor
medium
The
penalty
IMPOSABLE is within
the Maximum term of
PRISION
CORRECCIONAL and
the Minimum term of
ARRESTO
MAYOR
MEDIUM.
NOTE: this solution is
permitted
because
the
ISLAW
is
predicated
on
ordinary
mitigating
and
generic
aggravating
circumstances only.

(3) Some sample solutions for different permutations under Art. 64

and 48
Table 1:
CRIME, circumstances, and penalty
prescribed
1. Homicide (Art. 249): reclusion
temporal
2. No MC or AC

Application of the IS Law

1. Maximum term: reclusion temporal
medium
2. Minimum term: prision mayor

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Table 2:
CRIME, circumstances, and penalty
prescribed
1. Homicide (Art. 249): reclusion
temporal
2. Mitigating circumstance of
plea of guilt, No AC
Table 3:
CRIME, circumstances, and penalty
prescribed
1. Homicide (Art. 249): reclusion
temporal
2. Aggravating circumstance of
recidivism, No MC
Table 4:
CRIME, circumstances, and penalty
prescribed
1. Homicide (Art. 249): reclusion
temporal
2. Aggravating circumstance of
nighttime
3. Mitigating circumstances of
voluntary surrender and plea
of guilt
4. OFFSETTING the MCs with the
AC would yield one MC
Table 5:
CRIME, circumstances, and penalty
prescribed
1. Complex crime of frustrated
homicide with assault upon an
agent of a person in authority
(Arts. 249, 6, 148, and 48)
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:
PRISION MAYOR (penalty for the
graver offense)
2. No MCs or Acs

Application of the IS Law

1.
2.

Maximum term: reclusion temporal

minimum
Minimum term: prision mayor

Application of the IS Law

1. Maximum term: reclusion temporal
maximum
2. Minimum term: prision mayor

Application of the IS Law

FOLLOW TABLE 2 PROCEDURE

Application of the IS Law

1. Maximum
maximum

term:

prision

mayor

2. Minimum term: prision correctional

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2. Procedure when the crime is punished by a special law
(1) MAXIMUM TERM: Court may fix any as long as it does not exceed the
penalty prescribed by the special law
(2) MINIMUM TERM: Court has discretion so long as it does not exceed the
minimum prescribed by the special law
(3) Example: for the crime of illegal possession of firearms, not used for
rebellion or sedition, the IS Law range is anywhere between 1-5 years.
D. Institutions involved
1. BOARD OF PARDONS AND PAROLE
(1) Composition: Secretary of Justice (Chairman) and 4 members to
be appointed by the President (with the consent of the
Commission on Appointments) under 6 year terms.
Board
members
should
include
a
trained
sociologist,
clergyman/educator, psychiatrist. At least one member should
be a woman.
(2) Compensation: 50 pesos for each meeting actually attended
and reimbursement for actual and necessary traveling expenses
incurred. Maximum of 3 board meetings per week.
(3) Powers and functions
1) Authorized to adopt rules and regulations necessary to carry
out its functions
2) Can call upon any bureau, office, branch, subdivision,
agency, or Government instrumentality for assistance in the
performance of its functions
3) Decisions will be arrived at by MAJORITY VOTE. A quorum
will be constituted by a MAJORITY. Dissent from the majority
opinion will be reduced to writing and filed with the records
of the proceedings.
2. BOARD OF INDETERMINATE SENTENCE
(1) Powers and functions
1) Look 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
2) When a prisoner has served the minimum penalty
imposed, the Board may authorize release of the prisoner
on parole:
a) Based on reports of the prisoners work and conduct,
it is shown that the prisoner is fitted by his training for
release

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b) There is a reasonable probability that such prisoner
will live and remain at liberty without violating the law
c) Release will not be incompatible with the welfare of
society
(2) Procedure for release of prisoner
1) Board must file with the court which passed judgment on the
case and with the PNP Chief a certified copy of each order
of conditional or final release and discharge.
2) Prisoner released may be designated specific conditions as to
his parole, and required to report personally to such
government officials or other parole officers appointed by the
Board for a period of SURVEILLANCE equivalent to the
remaining portion of the maximum sentence imposed upon
him OR until final release and discharge by the Board.
3) Designated parole officers shall keep records and reports
required by the Board.
4) Board may fix the limits on the residence of the paroled
prisoner or change it from time to time. If during the period
of surveillance the prisoner shows himself to be a lawabiding citizen and shall NOT violate any laws, the Board
may issue a final certificate of release and discharge.
5) If prisoner violates any of the conditions of his parole, the
Board may issue an order for re-arrest of the prisoner.
The prisoner re-arrested shall serve the remaining unexpired
portion of the maximum sentence for which he was originally
committed to prison, unless the Board grants him new
parole.