Indeterminate Sentence Law

The court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which could be
properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower
to that prescribed by the Code for the offense. (Section 1, Act 4103)

1. What is the offense?

2. What penalty does the law provide?
3. What are the attendant circumstances?

Example:
Offense: Homicide
Penalty: Reclusion Temporal
Applying Attending Circumstances

1. No MC or AC Medium
2. 1 MC Minimum*
3. 1 AC Maximum**
4. 1 MC and 1 AC Offset***

*if privileged MC, reduce the penalty a degree lower

*2 MCs are treated as 1 privileged MC
*2 privileged MCs max
*if 3 MCs, reduce the penalty a degree lower then use the remaining MC to bring penalty to minimum period
*does not apply when an AC is present
*excess MC will only bring the sentence to its minimum period
**no matter how many ACs present, the penalty does not elevate a degree higher
***an AC cannot offset a privileged MC

Apply ACs
1. No MC or AC
MAX- Reclusion temporal medium
MIN- Prision mayor in any period

2. 1 MC
MAX- Reclusion temporal minimum
MIN- Prision mayor in any period

3. 1 AC
MAX- Reclusion temporal maximum
MIN- Prision mayor in any period

Example:
Offense: Discharge of Firearms
Penalty: Prision correccional in its minimum and medium periods

1. No MC or AC
MAX- Prision correccional in its minimum to medium periods, medium
MIN- Arresto mayor medium to maximum
 Penalties Entire Duration Minimum Medium Maximum

14 years, 8 months 17 years, 4 months

12 years and 1 day
12 years and 1 day to and 1 day and 1 day
Reclusion temporal
20 years to 14 years and 8 to 17 years and 4
to 20 years
months months

6 years and 1 day 8 years and 1 day 10 years and 1 day

6 years and 1 day to
Prision mayor
12 years
to 8 years to 10 years to 12 years

2 years, 4 months and 4 years, 2 months and

6 months and 1 day
6 months and 1 day to 1 day 1 day
Prision correccional
6 years to 2 years and 4 to 4 years and 2
to 6 years
months months

1 month 2 months and 1 day 4 months and 1 day

1 month and 1 day to
Arresto mayor
6 months
to 2 months to 4 months to 6 months

1 day 11 days 21 days

Arresto menor 1 to 30 days
to 10 days to 20 days to 30 days