Indeterminate Sentence Law (ISLAW): How to determine

maximum and minimum 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:

1. if sentenced with a penalty of death or life imprisonment

2. if convicted of treason, conspiracy, proposal to commit treason
3. if convicted of misprision of treason, sedition, rebellion or espionage
4. if convicted of piracy
5. if the offender is a habitual delinquent
6. those who escaped from prison or evaded sentence
7. those who violated the terms of conditional pardon of the chief executive
8. where the maximum term of imprisonment does not exceed 1 year (important!)
9. if convicted by final judgement at the time of the effectivity of Act No. 4103
10. if penalized with suspension or distierro

If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW!

ISLAW applies to offenses punished by Special Law and Revised Penal Code.

Why is ISLAW mandatory?

In the application of the Indeterminate Sentence Law the judge will get the
maximum penalty and likewise the minimum penalty. If the accused was already able
to serve the minimum term of his indeterminate sentence and upon the approval of
the Board, the accused now becomes eligible for parole. ISLAW is favorable to the
accused.

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:

How to get maximum and minimum penalty in Special Law:

1. The maximum penalty should NOT exceed the maximum provided for by that law.
2. The minimum penalty should NOT fall below the minimum provided by the law.

How to get maximum and minimum penalty in Revised Penal Code:

Example: In the crime of homicide, under the Revised Penal Code, the offender is
sentenced to reclusion temporal.

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

Which period will the maximum penalty be placed?

In pursuant to art 64, when there is no mitigating and no aggravating circumstance,
it should be placed at the medium period. Thus, the maximum penalty for the
example above is reclusion temporal in the medium period.

What is the minimum penalty now?

In getting the minimum penalty, the rule is to simply get the penalty one (1) degree
lower from the maximum penalty without taking into account the mitigating and
aggravating circumstance. Thus, the penalty one degree lower from reclusion
temporal, without taking into account any mitigating or aggravating circumstance, is
prision mayor. Prision mayor is now the minimum penalty for our example.

Important: If your maximum penalty is wrong, it follows that the minimum penalty
will also be wrong.

Again, prision mayor is a divisible penalty. Which period can it be placed?

Under the Indeterminate Sentence Law, it would depend upon the discretion of the
court on which period to place it. Thus, the minimum penalty is prision mayor in any
of its period.

Factors that could affect the imposition of minimum penalty:

1. Age
2. Conduct during trial
3. Mental or physical condition

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.

How about the minimum penalty?

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)

1 mitigating but NO aggravating

maximum penalty: reclusion temporal in the minimum period
minimum penalty: prision mayor in any period

2 mitigating, NO aggravating (privileged mitigating)

maximum penalty: prision mayor in the medium period
minimum penalty: prision correctional any period

The preceding example is an exception to the rule. If there is a privileged mitigating

circumstance, we take it into account first in order to obtain the proper maximum
penalty. Then, from that maximum penalty, we obtain the proper minimum penalty
by getting the penalty 1 degree lower. Same rule applies as to the period of the
minimum penalty.

Remember: It will never become a privileged mitigating circumstance if there is an

aggravating circumstance present. 8 mitigating and 1 aggravating will never become
privileged mitigating circumstance.

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

How is Indeterminate Sentence Law applied in complex crimes (Article

48)?
A complex crime is punished by the most serious offense and shall be imposed in its
maximum period.

Example: Estafa through falsification of public documents.

Under the Revised Penal Code, falsification of public documents (Article 171) is a
more serious offense punished by prision mayor than estafa (Article 315), punished
only by prision correctional.

Thus, applying the Indeterminate Sentence Law, the maximum penalty for estafa
through falsification of public documents shall be prision mayor in the maximum
period. Minimum penalty shall be prision correctional, 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.
How about if there are 2 mitigating circumstance and no aggravating?
The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by
one degree but still place it at the maximum period. Thus, the maximum penalty
shall be prision correctional in the maximum period.

4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period
 Indeterminate Sentence Law
This law is related to the probation law.

The purposes of this law are the following:

1.) Promote the prisoner's reformation by allowing him to serve sentence under a
parole officer
2.) Decongest the jails by allowing prisoners to be admitted into parole
3.) Allow the government to save money on maintaining the jails
4.) Prevent the prisoners' economic usefulness from going to waste.

The indeterminate sentence law is an old law, dating back to the American period -as
can be seen from its number: Act 4103 as amended by Act 4225. It's "Act," not RA or
CA. It affects all criminal laws, whether from the Revised Penal Code or not so long
as they don't fall into the instances enumerated by the indeterminate sentence law
itself. Those instances are:

1.) Crimes punishable by death or life imprisonment

2.) Those convicted of treason, conspiracy or proposal to commit treason

3.) Those convicted of misprision of treason, rebellion, sedition or espionage

4.) Those convicted of piracy

5.) Habitual delinquents (but recidivists can qualify for indeterminate sentence -
they're not the same as habitual offenders)

6.) Those who escaped from confinement/service or sentence

7.) Those who were granted conditional pardon but violated the terms of the pardon

8.) In case the maximum prison term doesn't exceed 1 year

9.) Those already serving sentence when the indeterminate sentence law took effect
(no longer applicable because they're all dead)

Anybody who commits a crime falling under any of the above instances can't qualify
for indeterminate sentence. Consequently, a person who violated the Dangerous
Drugs Act can qualify for indeterminate sentence if the maximum penalty he's facing
isn't in life imprisonment; the death penalty was repealed in 2006 by RA 9346.
The indeterminate sentence law is all about parole. If convicted an indeterminate
sentence is imposed by the court, depending on the law in question. There are 2
possible scenarios:

1.) If the law is part of the Revised Penal Code

The maximum penalty is fixed in accordance with the rules of the Revised Penal
Code, taking into account the attending circumstances. The minimum penalty will be
put within the range of the penalty next lower than what the Revised Penal Code has
prescribed. In case of a complex crime (i.e. when a single act produces 2 or more
crimes,) the full range of the penalty next lower in degree will be considered in
determining the minimum penalty.

2.) If the law in question is a special law

The maximum term can't exceed the maximum that the law in question has
prescribed and the minimum can't be less than the prescribed minimum.

In case the penalty comes from the result of a plea-bargaining, the minimum penalty
will be the one lower than that of the downgraded offense.

Minimum and maximum penalties are specified in order to prevent unnecessary

deprivation of liberty and enhance his economic usefulness. The maximum penalty is
necessary for the imposition of accessory penalties while the minimum penalty is
important to allow the prisoner the chance for parole. In short, he is given a chance
to redeem himself.

Once the minimum term is served, the prisoner becomes eligible for parole if he
proves that he has complied with the conditions imposed on him when he was made
to serve sentence. Parole doesn't mean a person has fully served sentence, however.
It means that he is allowed to serve the remainder of his sentence out of jail but
under the supervision of an appointed parole officer. He is required to report to this
parole officer on appointed dates for the remainder of the prison term. During
parole, the prisoner released on parole must apply himself to a legitimate occupation
and prove himself to be a law-abiding citizen. His residence will be fixed and changed
from time to time under the discretion of the Board of Indeterminate
Sentence/Board of Pardons and Parole. The board can issue a final certification of
release if the paroled prisoner has proven himself to be a law-abiding citizen.

If he violates the terms and conditions of his parole he can be arrested again. If that
happens, he will have to serve the remaining term of his prison sentence behind bars.