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Indeterminate Sentence Law Explained
Indeterminate Sentence Law Explained
minimum penalties
(Act no 4103 as amended)
ISLAW applies to offenses punished by Special Law and Revised Penal Code.
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.
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:
(More examples)
3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correctional any 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
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 prision mayor in the
maximum period. Minimum penalty shall be prision correctional, any period.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period