INDETERMINATE SENTENCE LAW
terms and conditions prescribed by the Board.
The Indeterminate Sentence Law applies to both violations
of the Revised Penal Code and special laws and is based on
the penalty actually imposed.
The Indeterminate Sentence Law shall not apply to the
following persons.
1. Those sentenced to death penalty or life
imprisonment
2. Those convicted of treason, or conspiracy or
proposal to commit treason
3. Those convicted of misprision of treason,
rebellion, sedition or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
6. Those who have escaped from confinement, or
evaded sentence
7. Those granted with conditional pardon by the
President but violated the terms thereof
8. Those whose maximum term of imprisonment
does not exceed 1 year
9. Those who are sentenced to the penalty of
destierro or suspension only
NOTE: Indeterminate sentence is mandatory where
imprisonment would exceed one year.
IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term – is that which could be
properly imposed under the RPC, considering the
aggravating and mitigating circumstances.
2. The Minimum Term – is within the range of the
penalty one degree lower than that prescribed
by the RPC, without considering the
circumstances.
BUT when there is a privileged mitigating
circumstance, so that the penalty has to be lowered by
one degree, the STARTING POINT for determining the
minimum term of the indeterminate penalty is the penalty
next lower than that prescribed by the Code for the
offense.
IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW
1. The Maximum Term – must not exceed the
maximum term fixed by said law.
2. The Minimum Term – must not be less than the
minimum term prescribed by the same.
(b) is fit for release of the prisoner on parole, upon
For SPECIAL LAWS, it is anything within the inclusive range
of the prescribed penalty. Courts are given discretion in
the imposition of the indeterminate penalty. The
aggravating and mitigating circumstances are not
considered unless the special law adopts the same
terminology for penalties as those used in the RPC (such as
reclusión perpetua and the like).
RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him, provided
that:
1. Such prisoner is fitted by his training for release,
2. There is reasonable probability that he will live
and remain at liberty without violating the law,
3. Such release will not be incompatible with the
welfare of society.
ENTITLEMENT TO FINAL RELEASE AND DISCHARGE
If during the period of surveillance such paroled
prisoner shall:
(a) show himself to be a law abiding citizen and,
(b) shall not violate any law,
the Board may issue a final certification in his favor,
for his final release and discharge.
SANCTION FOR VIOLATION OF CONDITIONS OF THE
PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole:
(a) the Board may issue an order for his arrest, and
thereafter,
(b) the prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison.
REASONS FOR FIXING THE MAXIMUM AND MINIMUM
TERMS IN THE INDETERMINATE SENTENCE
The minimum and maximum terms in the
Indeterminate Sentence must be fixed, because they are
the basis for the following:
1. Whenever a prisoner has:
(a) served the MINIMUM penalty imposed on him, and
2. But when the paroled prisoner violates any of
the conditions of his parole during the period of
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on the
parole, he shall continue to serve until the end of
the MAXIMUM term.
Why is Indeterminate Sentence LAW 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.
Purpose of the law: to uplift and redeem valuable human
material and prevent unnecessary and excessive
deprivation of liberty and economic usefulness It is
necessary to consider the criminal first as an individual,
and second as a member of the society. The law is
intended to favor the defendant, particularly to shorten
his term of imprisonment, depending upon his behavior
and his physical, mental and moral record as a prisoner, to
be determined by the Board of Indeterminate Sentence.
The settled practice is to give the accused the
benefit of the law even in crimes punishable with death or
life imprisonment provided the resulting penalty, after
considering the attending circumstances is reclusion
temporal or less.
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 periods.
Factors that could affect the imposition of the 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.
Some More Illustrations:
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 prison 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 circumstances 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
Article 84. Place of execution and persons who may
witness the same. - The execution shall take place in the
penitentiary of Bilibid in a space closed to the public view
and shall be witnessed only by the priests assisting the
offender and by his lawyers, and by his relatives, not
exceeding six, if he so request, by the physician and the
necessary personnel of the penal establishment, and by
such persons as the Director of Prisons may authorize.
Place of Execution: the execution shall take place in the
penitentiary or Bilibid in a space closed to the public view.
Persons who may witness execution:
1. Priests assisting the offender
2. Offender’s lawyer
3. Offender’s relatives, not exceeding six, if so
requested
4. Physician
5. Necessary personnel of penal establishment
NOTE: a person below 18 years old may not be allowed
to witness an execution.
Article 89. How criminal liability is totally extinguished. -
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal
penalties; and as to pecuniary penalties, liability therefor
is extinguished only when the death of the offender
occurs before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the
penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in
Article 344 of this Code.
NOTE: Extinction of criminal liability does not
automatically extinguished the civil liability.
Causes of extinction of criminal liability distinguished
from causes of justification or exemption.
1. Causes of extinction of criminal liability arises
after the commission of the offense;
2. while causes of justification or exemption from
criminal liability arise from circumstances
existing either before the commission of the
crime or at the moment of its commission.
NOTE: that criminal liability is totally extinguished is a
ground for motion to quash.
By the death of the convict: whether before or after final
judgement, extinguishes criminal liability, because one of
the juridical conditions of penalty is that it is personal.
NOTE: Civil liability is extinguished only when death
occurs before the final judgement. Also, it extinguishes
pecuniary penalties only when the death of the offender
occurs before final judgement.
NOTE: Criminal & Civil Liability is extinguished when the
offender dies before final judgement.
Final Judgement – employed in the RPC means judgement
beyond recall. As long as a judgement has not become
executory, it cannot be truthfully said that defendant is
definitely guilty of the felony charged against him.
Effect of the death of the accused pending appeal on his
criminal and civil liability:
General Rule: death of the accused pending appeal of his
conviction extinguishes his criminal liability as well as the
civil liability based solely on the offense committed.
Exception: the claim for civil liability survives
notwithstanding the death of the accused, if the same way
also be predicated on a source of obligation other than
delict, such as law, contracts, quasi-contracts and quasi-
delicts.
Where Action for recovery of damages must be filed,
when civil liability survives,
If the private offended party, upon extinction, of
the civil liability ex delicto, desires to recover damages
from the same act or omission complained of, he must,
subject to Section 1, Rule 111 of the Revised Rules of
Criminal Procedure, file a separate civil action, this time
predicated not on the felony previously charged but on
other sources of obligation. The source of obligation upon
which the separate civil action is premised determines
against whom the same shall be enforced.
Right of offended party to file separate civil action not
lost by prescription when accused dies pending appeal.
In cases where during the prosecution of the
criminal action prior to its extinction, the private offended
party instituted together therewith the civil action.
NOTE: Death of the offended party does not extinguished
the criminal liability of the offender
By service of sentence: crime is a debt incurred by the
offender as a consequence of his wrongful act and the
penalty is but the amount of his debt. When payment is
made, the debt is extinguished.
NOTE: service of sentence does not extinguished the civil
liability.
By amnesty:
Amnesty – an act of the sovereign power
granting oblivion or a general pardon for past offense, and
is rarely, if ever, exercised in favor of a single individual,
and is usually exerted in behalf of certain classes of
persons, who are subject to trial but have not yet been
convicted.
NOTE: Amnesty completely extinguishes the penalty and
all its effect and maybe granted after conviction.
NOTE: Civil Liability not extinguished by amnesty.
By absolute pardon:
Pardon – an act of grace proceeding from the
power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the
punishment the law inflicts for the crime he has
committed.
Kinds of pardon:
1. Absolute Pardon – it is the total extinction of the
criminal liability of the individual to whom it is
granted without any condition whatsoever
resulting to the full restoration of his civil rights.
2. Conditional Pardon – it is a conditional
exemption of a guilty offender for the
punishment imposed by the court
Pardon in adultery case:
A was charged with the crime of adultery with a married
woman. The married woman after conviction of both
accused, was pardoned by the Chief Executive. Does the
pardon of the woman have the effect of extinguishing the
criminal liability of A?
No, because:
1. The power to extend executive clemency is
unlimited, and
2. That the exercise of that power lies in the
absolute and uncontrolled discretion of the Chief
Executive.
But if the one giving the pardon is the offended
spouse in adultery, both offenders must be pardoned by
the offended party if said pardon is to be effective.
Amnesty and Pardon Distinguished:
AMNESTY PARDON
Is a blanket pardon to Includes any crime and is
classes of persons or exercised individually by
communities who may be the President
guilty of political offenses
May be exercised even Is exercised when the
before trial or person is already
investigation is had convicted
Looks backward and Looks forward and Crimes punishable by other afflictive penalties shall
abolishes and puts into relieves the offender from prescribe in fifteen years.
oblivion the offense itself; the consequences of an
it also overlooks and offense of which he has Those punishable by a correctional penalty shall
obliterates the offense been convicted prescribe in ten years; with the exception of those
with which he is charged punishable by arresto mayor, which shall prescribe in five
that the person released years.
by amnesty stands before
the law precisely as The crime of libel or other similar offenses shall prescribe
though he had committed in one year.
no offense.
The crime of oral defamation and slander by deed shall
Both do not extinguished civil liability of the offender
prescribe in six months.
Being by proclamation of Being a private act of the
the Chief Executive with President , must be Light offenses prescribe in two months.
the concurrence of pleaded and proved by
Congress is a public act of the person pardoned When the penalty fixed by law is a compound one, the
which the courts should highest penalty shall be made the basis of the application
take judicial notice. of the rules contained in the first, second and third
paragraphs of this article. (As amended by Republic Act
By prescription of crime and by prescription of penalty: No. 4661, approved June 19, 1966.)
the State of the People loses the right to prosecute the
crime or to demand the service of the penalty imposed. NOTE: in computing the period of prescription, the first
day is to be excluded and the last day included.
Prescription of crime – is the forfeiture or loss of the right
of the State to prosecute the offender after the lapse of a NOTE: Rule where the last day of the prescriptive period
certain time. falls on a Sunday or legal holiday, the information can no
longer be filed on the next day as the crime has already
Prescription of the penalty – is the loss or forfeiture of the prescribed.
right of the government to execute the final sentence after
the lapse of a certain time. Prescription of oral defamation and slander by deed:
distinction should be made between simple and grave
2 conditions necessary in prescription of penalty: slander. Simple slander prescribes in 2 months. Grave
a. That there be final judgement slander prescribes in 6 months.
b. That the period of time prescribed by law for its
enforcement has elapsed. NOTE: Penalty for attempted bribery is destierro since it
is classified as a correccional penalty under Art. 25 of the
By the marriage of the offended woman: the offended RPC, which prescribes in 10 years, being a correccional
woman after the commission of any of the crimes of rape, penalty.
seduction, abduction or acts of lasciviousness, as provided
in Article 344, must be contracted by the offender in good NOTE: when the penalty is a Compound One, the highest
faith. Hence, marriage contracted only to avoid criminal penalty is the basis of the application of the rules in
liability is devoid of legal effects. Article 90.
Article 90. Prescription of crime. - Crimes punishable by NOTE: when the fine is an alternative penalty higher than
death, reclusion perpetua or reclusion temporal shall the other penalty which is by imprisonment –
prescribe in twenty years. prescription of the crime is based on the fine.
Prescriptive periods of offenses punished under special
laws municipal ordinances.
1. Offenses punished only by a fine or by
imprisonment for not more than 1 month, or
both, prescribe after 1 year
2. Offenses punished by imprisonment for more
than 1 month, but less than 2 years – after 4
years
3. Offenses punished by imprisonment for 2 years
or more but less than 6 years – after 8 years
4. Offenses punished by imprisonment for 6 years
or more – 12 years
5. Offenses under internal revenue law – after 5
years
6. Violations of municipal ordinances – after 2
months
7. Violations of the regulations or conditions of
certificate of convenience by the Public Service
Commission – after 2 years
NOTE: Prescription of violations penalized by special laws
and ordinances shall begin to run from the day of the
commission of the violation of the law, and if the same
be not known at the time, from the discovery thereof and
the institution of judicial proceedings for its investigation
and punishment.
NOTE: interruption when proceedings are instituted
against the guilty person, and shall begin to run again if
the proceedings are dismissed for reasons not
constituting jeopardy.
Article 91. Computation of prescription of offenses. - The
period of prescription shall commence to run from the
day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not
imputable to him.
The term of prescription shall not run when the offender
is absent from the Philippine Archipelago.
Outline of the Provision:
1. The period of prescription commences to run
from the day on which the crime is discovered by
the offended party, the authorities or their
agents.
2. It is interrupted by the filing of the complaint or
information.
3. It commences to run again when such
proceedings terminate without the accused
being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to him.
4. The term of prescription shall not run when the
offender is absent from the Philippines.
If there is nothing concealed (appears in a public
document), the crime commences to run on the date of
the commission.
The period of prescription for crimes which continue never
runs.
Crime needs to be discovered by:
1. offended party
2. authorities
3. their agents
If a person witnesses the crime but only tells the
authorities 25 years later, prescription commences on the
day the authorities were told.
What Interrupts Prescription?
1. Preliminary examination or investigation which is
similar to judicial proceeding
2. Filing the proper complaint with the prosecutor’s
office. Police not included.
3. Filing complaint with the court that has proper
jurisdiction
The Period Commences To Run Again When The
Proceeding Is Terminated:
1. Without the accused being convicted or
acquitted
2. The proceeding is unjustifiably stopped for a
reason not imputable to the offender.
When such proceedings terminate – termination that is
final; an unappealed conviction or acquittal
Unjustifiably stopped for any reason – ex: accused evades
arrest, proceedings must be stopped
NOTE: Art. 91 applies to a special law when said law does
not provide for the application but only provides for the
period of prescription.
Article 92. When and how penalties prescribe. - The
penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception
of the penalty of arresto mayor, which prescribes in five
years;
4. Light penalties, in one year.
NOTE: in prescription of crimes, it is the penalty
prescribed by the law that should be considered; in
prescription of penalties, it is the penalty imposed that
should be considered.
Article 93. Computation of the prescription of penalties. -
The period of prescription of penalties shall commence to
run from the date when the culprit should evade the
service of his sentence, and it shall be interrupted if the
defendant should give himself up, be captured, should go
to some foreign country with which this Government has
no extradition treaty, or should commit another crime
before the expiration of the period of prescription.
Outline of the provisions:
1. The period of prescription of penalties
commences to run from the date when the
culprit evaded the service of his sentence.
2. It is interrupted if the convict –
a. Gives himself up
b. Be captured
c. Goes to a foreign country with which we
have no extradition treaty, or
d. Commits another crime before the
expiration of the period of prescription.
The period of prescription of penalties shall
commence to run again when the convict
escapes again, after having been captured and
returned to prison.
Elements:
1. That the penalty is imposed by final sentence;
 2. That the convict evaded the service of sentence
by escaping during the term of his sentence;
3. That the convict who escaped from prison has
not given himself up, or been captured, or gone
to a foreign country with which we have no
extradition treaty, or committed another crime;
4. That the penalty has prescribed, because of the
lapse of time from that date of the evasion of
the service of the sentence by the convict.
NOTE: Evasion of the service of the sentence is an
essential element of prescription of penalties.
NOTE: Acceptance of conditional pardon interrupts the
prescriptive period.
Article 95. Obligation incurred by person granted
conditional pardon. – Any person who has been granted
conditional pardon shall incur the obligation of complying
strictly with the conditions imposed therein; otherwise,
his non-compliance with any of the conditions specified
shall result in the revocation of the pardon and the
provisions of article 159 shall be applied to him.
Outline of Provision:
1. He must comply strictly with the conditions
imposed in the pardon
2. Failure to comply with the conditions shall result
in the revocation of the pardon. Under Sec. 64(i),
R.A.C., the Chief Executive may order his arrest
and reincarceration.
3. He becomes liable under Art 159. This is the
judicial remedy.
pardon be higher than six years, the convict shall then
suffer the unexpired portion of his original sentence.
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the
chief executive; and
3. That he violated any of the conditions of such
pardon.
Article 97. Allowance for good conduct. - The good
conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the period
of his sentence:
1. During the first two years of his imprisonment, he shall
be allowed a deduction of five days for each month of
good behavior;
2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a deduction of eight
days for each month of good behavior;
3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior;
and
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of fifteen
days for each month of good behavior.
NOTES: Allowance for good conduct not applicable when
prisoner released under conditional pardon.
Good conduct time allowance is given in consideration of
good conduct of prisoner while he is serving sentence.
NOTE: Not an automatic right for it has to be granted by
the Director of Prisons (Art. 99). Also, he must be serving
his sentence. Thus, if released because of conditional
pardon, this provision is not applicable.
Article 98. Special time allowance for loyalty. - A
deduction of one-fifth of the period of his sentence shall
be granted to any prisoner who, having evaded the
service of his sentence under the circumstances
mentioned in article 158 of this Code, gives himself up to
the authorities within 48 hours following the issuance of
a proclamation announcing the passing away of the
calamity or catastrophe to in said article.
What is special time allowance for loyalty of prisoner?
It is a deduction of 1/5 of the period of the
sentence of a prisoner who, having evaded the service of
his sentence during the calamity or catastrophe mention in
Art, 158, gives himself up to the authorities within 48
hours following the issuance of the proclamation by the
President announcing the passing away of the calamity or
catastrophe.
NOTE: deduction of 1/ 5 is based on the original
sentence.
Application: The article applies only to prisoners who
escaped.

NOTE: Condition of pardon is limited to the unserved
portion of the sentence, unless an intention to extend it
beyond that time is manifest.
Article 159. Other cases of evasion of service of sentence.
- The penalty of prision correccional in its minimum
period shall be imposed upon the convict who, having
been granted conditional pardon by the Chief Executive,
shall violate any of the conditions of such pardon.
However, if the penalty remitted by the granting of such
The convict may earn these while he is serving his
sentence.
Example: Article 158. A convict who escapes the place of
confinement on the occasion of disorder resulting from a
conflagration, earthquake or similar catastrophe, or during
a mutiny in which he has not participated; but who returns
within 48 hours after the proclamation that the calamity
had passed shall be given credit of 1/5 deduction of the
original sentence.