INDETERMINATE SENTENCE LAW What are the reasons for fixing the

Minimum and Maximum penalties in

Section 1
indeterminate sentence?
What is ISLAW? 1. After serving the minimum penalty,
Mandates the court to get the maximum it will appear that prisoner is fitted
penalty as well as the minimum penalty for release
instead of a single penalty, if the accused is 2. In case paroled prisoner violated his
being able to serve the minimum, he is conditions, upon rearrest, the
eligible to parole. remaining maximum penalty shall be
served by him.
Purpose: uplift and redeem valuable human 3. Even that minimum has already
material, and prevent unnecessary and served, he shall continue to serve
excessive deprivation of personal liberty and until end of maximum, if he is
economic usefulness. deemed not fit for parole.
Section 2
If the offense is punished by RPC Exceptions
- Maximum – same as what law • Convicted of offense punished with
provides with the attending death penalty or life-imprisonment
circumstances • Convicted of treason, conspiracy, or
Governing Provisions in determining the proposal to commit treason
Maximum Term • Convicted of misprision of treason,
Art. 46, 48, 50-57, 61, 62 (except par.5), 64, 65, rebellion, sedition, or espionage
68, 69 • Convicted of piracy
• Habitual delinquents
- Minimum – next lower to what the • Escaped confinement or evaded
Code prescribed. sentence
• Those who received conditional
When modifying circumstances be pardon by Chief Executive but
considered? violated the terms
- Considered only in the imposition of • Those whose maximum term of
the maximum term of the imprisonment does not exceed one
indeterminate sentence. year
• Those already sentenced by final
If the offense is punished by Special Law judgment at the time of approval of
MAXIMUM - that which not exceed to what ISLAW.
the law fixed • Sentence to the penalty of destierro or
MINIMUM - that which is not lower than suspension
law fixed
Section 3
Who constitute Board of Pardons and
Parole?
• Secretary of Justice – chairman
• Four members – who shall be
appointed by the President with the
consent of the Commission on
Appointments
What constitute the Four Members?
One member of the board shall be:
• One trained sociologist
• One educator or clergyman
• One psychiatrist
• One person who is qualified for such
work by training and experience
*at least one member should be a woman
Term: Six (6) years
Section 4
Authority of Board of Pardons and Parole
• Adopt rules and regulations
necessary for carrying out its
function and duties
• Empowered to call for assistance to
any of the instrumentality of the
government
• Majority vote is necessary to arrive at
a decision. Majority must be with
quorum.
• If there is dissent, shall be reduced to
writing.
• Chairman and Executive Officer is
entitled to Php50.00 compensation
for each actual meeting attended,
plus travelling expenses.
Section 5
Duty of the Board of Indeterminate
Sentence
• To look into the physical, mental, and
moral record of prisoners who shall
be eligible for parole
• Determine proper time of release of
such prisoners
• Authorize the release of prisoner on
parole upon serving the minimum
penalty imposed and upon seeing
that the prisoner, base on record, has
reasonable probability of living in
liberty and will not violate the law
• Shall examine the records and status
of prisoners who shall have been
convicted of any offense under
Section 2 (those who are not covered
by ISLAW)
Section 6
Obligation of the Released Prisoner on
Parole
• Must report personally to such
government official for period of
surveillance. (Until when? Until the
equivalent to the remaining potion of
the maximum penalty or until final
release and discharge by the Board of
Indeterminate Sentence)
Limits of Residence
• Limits of residence of paroled
prisoner during his parole may be
fixed and from time to time be
changed by the Board.
Compliance of the Paroled Prisoner
• If paroled prisoner became a law-
abiding citizen, and shall not violate
any of the laws, Board of
Indeterminate Sentence may issue a
final certification of release, which
shall entitle him to final release and
discharge.
Section 7 • As INDIVIDUAL
Duty of the Board to file with the Court and (A-H-M2-P3-D-G)
Chief of Constabulary 1. Age (extreme youth or extreme
• Board shall file a certified copy of old)
each order of conditional or final 2. Health and physical conditions
release and discharge. 3. Mentality, heredity, and personal
habits
Section 8 4. Manner and circumstances in
Rule when Paroled Prisoner Violated the which the crime was committed
Conditions of Parole 5. Previous conduct, environment,
and mode of life
• The board shall issue an order for his 6. Previous education (intellectual
arrest. or moral)
• In case of rearrested – he shall serve 7. Proclivities and aptitudes for
the remaining unexpired portion of usefulness or injury to the society
the maximum sentence of the 8. Demeanor during trial and
original offense committed, unless, attitude towards the crime
the board of Indeterminate Sentence, committed
shall grant a new parole. 9. Gravity of the offense
• As MEMBER OF SOCIETY
General Notes 1. Relationship toward his
• Indeterminate Sentence is applied to dependents, family, and
estafa associates and their relationship
• ISLAW is not applicable when with him.
unfavorable to the accused 2. Relationship toward society at
• ISLAW is applicable to recidivist, large and the State
provided he is a recidivist for the first
time
• ISLAW does not apply to non-
divisible penalties.
• Application of ISLAW is mandatory
if penalty exceeds one year
• ISLAW is mandatory.

Factors to be taken in consideration in

fixing minimum penalty
- Necessary to consider criminal, first,
as individual, second, as a member
of society BALATONG, ANGELICA E.