Ten (10) Essential Points on Act No.

4103 (1933) or
the Indeterminate Sentence Law

1. The Indeterminate Sentence Law mandates that a judge, in

imposing a prison sentence for an offense punished by the
Revised Penal Code or its amendments as well as other penal
laws, to impose an indeterminate sentence consisting of a
maximum and minimum term. [Act No. 4103 (1933), sec. 1]

2. The ISL applies to crimes punished under the Revised Penal

Code and under special penal laws. [Act No. 4103 (1933), sec.
1]

3. The ISL applies only when the judge has to impose a prison
sentence. As such, it does not apply when the penalty to be
imposed is suspension or destierro.

4. The "minimum" sentence is merely a period at which, and not

before, as a matter of grace and not of right, the prisoner may
merely be allowed to serve the balance of his sentence outside
of his confinement. It does not constitute the totality of the
penalty since thereafter he still has to continue serving the
rest of his sentence under set conditions. That minimum is
only the period when the convict's eligibility for parole may be
considered. In fact, his release on parole may readily be denied
if he is found unworthy thereof, or his re-incarceration may be
ordered on legal grounds, even if he has served the minimum
sentence. [People v. Simon, G.R. No. 930280, 29 July 1994]

5. Where the offense is punished by the Revised Penal Code, or

amendments thereto, the court shall sentence the accused to
such maximum as may, in view of the attending
circumstances, be properly imposed under the present rules of
the said Code, and to a minimum which shall not be less than
the minimum imprisonment period of the penalty next lower to
that prescribed by said Code for the offense. [Act No. 4103
(1933), sec. 1]
6. In imposing a prison sentence for an offense punished by acts
of the Philippine Legislature, otherwise than by the Revised
Penal Code, the court shall order the accused to be imprisoned
for a minimum term, which shall not be less than the
minimum term of imprisonment provided by law for the
offense, and for a maximum term which shall not exceed the
maximum fixed by law. [Act No. 4103 (1933), sec. 1]

7. The ISL shall not apply to:

(a) Persons convicted of offenses punished with the death

penalty or life imprisonment;

(b) Those convicted of treason, conspiracy or proposal to

commit treason;

(c) Those convicted of misprision of treason, rebellion,

sedition or espionage;

(d) Those convicted of piracy;

(e) Those who are habitual delinquents;

(f) Those who shall have escaped from confinement or

evaded sentence;

(g) Those who, having been granted conditional pardon by

the Chief Executive, shall have violated the terms thereof;

(h) Those whose maximum term of imprisonment does not

exceed one year; or

(i) Those already sentenced by final judgment at the time of

the approval of the ISL. [Act No. 4103 (1933), sec. 2]

The ISL does not also apply to those convicted and sentenced
to reclusion perpetua, suspension and destierro.
8. The grant of parole is not a right but a matter of grace on the
part of the State. Parole may be served equivalent to the
balance of the remaining sentence and, if the convict has been
a law-abiding citizen and has not violated any law, he/she will
be entitled to a final discharge. [People v. Simon, G.R. No.
930280, 29 July 1994]

9. There are four (4) grounds for the approval or disapproval of

an application for parole, to wit:

(a) The prisoner shall have served the minimum penalty

imposed on him;

(b) The prisoner is fitted by his training for release;

(c) There is reasonable probability that such prisoner will

live and remain at liberty without violating the law; and

(d) Such release will not be incompatible with the welfare of

society. [Act No. 4103 (1933), sec. 5]

10. If during the period of surveillance such paroled prisoner shall

show himself to be a law-abiding citizen and shall not violate
any of the laws of the Philippines, the Board of Pardons and
Parole may issue a final certificate of release in his favor,
which shall entitle him to final release and discharge. [Act No.
4103 (1933), sec. 6]