DOGUILES Notes – Criminal Law I
INDETERMINATE SENTENCE LAW (RA 4103)
 Indeterminate Sentence
- (defined) It is a sentence with a minimum term and a
maximum term which the court is mandated to impose
for the benefit of a guilty person who is not disqualified
therefore, when the maximum imprisonment exceeds 1
year.
- Purpose: to avoid prolonged imprisonment because it is
proven to be more destructive than constructive to
offenders.
- When applied: Indeterminate sentence applies
mandatorily to violations of both the RPC and special
laws where imprisonment would exceed one year, and
where the penalty is divisible. (Sec.1)
- How imposed: In imposing a prison sentence for an
offense punished by the RPC or special penal laws, the
- court shall sentence the accused to an indeterminate
sentence, which has a maximum and a minimum term
based on the penalty actually imposed.
Notes:
- Term minimum refers to the duration of the sentence
which the convict shall serve to be eligible for parole
- Term maximum refers to the maximum limit the convict
may be held in jail
 ISL shall not apply to persons:
1. Convicted of:
a. An offense punishable with death, reclusion
perpetua, or life imprisonment
b. Treason, conspiracy, or proposal to commit
treason
c. Misprision of treason, rebellion, sedition,
espionage
d. Piracy
2. Who are habitual deliquents
3. Who shall have escaped from confinement or evaded
sentence
4. Granted conditional pardon by Chief Executive and shall
have violated the term/condition thereto
5. Whose maximum term of imprisonment does not exceed
one year
6. Sentenced to the penalty of destierro or suspension only; or
convicted of a crime but the penalty imposed upon him
does not involve imprisonment
7. Who are already serving final judgement upon the approval
of the indeterminate sentence law
Note: Recidivists are entitled to an indeterminate sentence.
Although the penalty prescribed for the felony committed is death or
reclusion perpetua, if after considering the attendant circumstances,
the imposable penalty is reclusion temporal or less, the Indeterminate
Sentence Law applies. An offender is not disqualified to avail of the
benefits of the indeterminate sentence law even if the crime is
committed while he is on parole
 Prisoner qualified for release on parole
1. Served the minimum penalty imposed upon him
2. Appear to the board of indeterminate sentence, from
the reports of the prisoner’s work and conduct, and
from the study and investigation made by the board
itself that:
a. Fitted by his training for release
b. Reasonable probability that such prisoner will
live and remain at liberty without violating the
law
c. Release will not be incompatible with the
welfare of society
 Prisoner on parole entitled to final release and discharged
1. If during the surveillance, he shall show himself law-
abiding citizen
2. And not violate any law
- Board may issue a final certification in his favor, for his
final release and discharge (Sec 6)
 Sanctions for the violation of conditions of parole
1. Rearrested
2. Shall serve remaining unexpired portion of the
maximum sentence he was originally committed
 DOGUILES Notes – Criminal Law I
PROBATION LAW of 1976
(PD 968, as amended by PD 1257; as further amended by BP 76 and PD
1990)
 Probation (defined) – disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer
 Probationer – person placed on probation
 Probation officers – one who investigates for the court a referral
for probation or supervises a probationer or both
NOTE: Probation is only a privilege and its grant rests solely upon the
discretion of the court
 Purpose of probation:
- Promote correction and rehabilitation of an offender by
having individualized treatment
- Provide opportunity for the reformation
- Prevent commission of offenses
 When may be availed of:
- Before serving sentence provided that there is no
appeal for the final judgement/ conviction
o XPN: Court may place a child convicted and
sentence on probation at any time taking
account his best interest (Sec 42, RA 9344)
- Within 15 days from the promulgation of judgement
 Effect of filing for probation:
- Judgement becomes final when accused files for
petition for probation; not executory until petition for
probation is resolved
- Petition for probation is a waiver of right to appeal the
judgement of conviction
 Grounds for denial of petition for probation
- Offender needs correctional treatment that can be
provided most effectively by his commitment to an
institution
- Undue risk that the offender will commit another crime
during probation
- Probation will depreciate the seriousness of the crime
 Kinds of conditions under probation law
o Mandatory:
 Reporting within 72 hours to the
probation officer after receipt of notice
the approval of probation application
 Report to PO at least once a month
during the probation period
o Discretionary - Any condition which may be
constructive to the correction of the offender,
provided the same would not violate the
constitutional rights of the offender and subject to
these two restrictions:
 1. The conditions imposed should not be
unduly restrictive of the probationer; and
 2. Such condition should not be
incompatible with the freedom of
conscience of the probationer
 Rules on grant of probation
o After having convicted and sentenced a defendant,
the trial court may suspend the execution of the
sentence, and place the defendant on probation,
upon application by the defendant within the
period for perfecting an appeal.
o The filing of application for probation operates as a
waiver of the right to appeal.
o Probation may be granted whether the sentence
imposed a term of imprisonment or fine only.
o The application shall be filed with the trial court,
and the order granting or denying probation shall
not be appealable.
o Accessory penalties are deemed suspended once
probation is granted.
 Remedy for denied application of probation
o Certiorari only. Order denying probation is not
appealable
 Period of Probation
o Imprisonment less than 1 year – probation shall not
exceed 2 years
o Imprisonment more than 1 year – probation shall
not exceed 6 years
o Subsidiary imprisonment in case sentenced of only
a fine – probation shall not be more than twice the
days of subsidiary imprisonment
 Sanctions of serious violation of conditions of probation
o Issuance of warrant of arrest
o If violation is established, court may:
 Revoke probation
 Continue probation but modify
conditions
o If revoked, he shall serve the sentence originally
imposed
 Termination of Probation - by order of final discharge by
court upon finding that he has fulfilled the terms and
conditions of probation
 Effects of termination
o Case is deemed terminated
o Restoration of all civil rights lost or suspended
o Fully discharged of liability of any fine imposed
Note: If convicted of drug trafficking and pushing under RA 9165,
cannot avail probation
Note: Probation is not coterminous with its period. An order of the
court MUST be issued discharging the probationer
 DOGUILES Notes – Criminal Law I

Probation:
Disqualification:
1. sentence to serve more than 6 years (prision mayor) only
prision correctional and down.
2. National Security - not rebellion as it is against public order
3. Previously convicted of imprisonment of more than six
months and one day or a fine of more than P1000
4. Once availed of probation or serving sentence when this took
effect
5. convicted of drug trafficking - comprehensive drugs act
6. Filing of appeal (filing of appeal waives probation, vice versa)
7. Arnel Colinares - Doctrine Incorporated - charged with
frustrated homicide, convicted in RTC, penalty beyond 6
years. Filed for appeal. SC sustained but modified to
attempted homicide, changed to 2 years and 3mths. Filed for
probation. Can he still file? Yes because there has been
erroneous judgement. Modification in judgement because of
an erroneous judgement rendered by the lower court, you
may file an appeal based on the modified decision.

Judgement of conviction - in 15 days may file appeal or probation.

Mutually exclusive remedies.