ISLAW

Indeterminate Sentence Law

Act No. 4103 as amended

byAct No. 4225
 Concept of Indeterminate Sentence

• 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 one (1) year.
It applies to both violations of Revised Penal
Code and special laws.
 ISLAW DOES NOT APPLY:
Application of Indeterminate Sentence Law
Indeterminate Sentence Law does not apply:

1. Persons convicted of offenses punished with death

penalty or life imprisonment;

2. Those convicted of treason, 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;

BUT a recidivist for the first time may be given the benefits of the ISL.
6. Those who shall have escaped from confinement or
evaded sentence;

7. Those who violated the terms of conditional pardon

granted to them by the Chief Executive;

8. Those whose maximum term of imprisonment does

not exceed one year;

9. Those whose maximum term of imprisonment does

not exceed one year; Those who upon the approval
of the law (December 5, 1933), had been sentenced
by final judgment;

10. Those sentenced to the penalty of destierro or

suspension.
 Illustration:
• The penalty for the complex crime of homicide with
assault upon a person in authority is the maximum
period of the penalty for the more serious crime-
homicide (Act. 48, Revised Penal Code). That penalty is
the maximum period of reclusion temporal. Under the
Indeterminate Sentence Law, each of the accused shall
suffer an indeterminate penalty, the maximum term of
which shall be within the prescribed penalty of reclusion
temporal, maximum, and the minimum of which shall be
within the range of the next lower penalty, which is,
prision mayor in its maximum period.
 MINIMUM MEDIUM MAXIMUM
Death indivisible, indivisible, indivisible,
abolished in 2006 abolished in 2006 abolished in 2006
Reclusion Perpetua indivisible, 20 years indivisible, 20 years indivisible, 20 years
and 1 day to 40 and 1 day to 40 and 1 day to 40
years years years
Reclusion Temporal 12 years & 1 day to 14 years, 8 months 17 years, 4 months
14 years & 8 & 1 day to 17 years & 1 day to 20 years
months & 4 months
Prision Mayor 6 years & 1 day to 8 8 years & 1 day to 10 years & 1 day to
years 10 years 12 years

Prision Correccional 6 months, & 1 day 2 years, 4 months & 4 years, 2 months &
and Destierro to 2 years & 4 1 day to 4 years & 2 1 day to 6 years
months months
Arresto Mayor - 1 month & 1 day to 2 months & 1 day 4 months & 1 day
2 months to 4 months to 6 months

Arresto Menor - 1 to 10 days 11 to 20 days 21 to 30 days

 Graduation of Penalty:
Graduation of penalties may be appreciated as
follows
Stage of Execution Nature of Execution privileged mitigating
circumstance

For frustrated, 1 degree; as an accomplice, 1 For minority, 1 degree and

for attempted stage, 2 degree incomplete justification or
degrees and exemption
except: for frustrated as accessory, 2 degrees; (except accident), 1 or 2
homicide, parricide or degrees.
murder, 1 to 2 degrees and
for attempted homicide,
parricide or murder, 1 to 2
degrees;
 Special Penal Laws
• 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
Reasons for Fixing the Maximum and Minimum
Terms in the Indeterminate Sentence
• The minimum and maximum terms in the ISL 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 (b) is fit
for release of the prisoner on parole, upon terms and conditions prescribed by the Board.

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.

In fixing the minimum penalty, it is necessary for the court to consider the criminal, first, as
an individual and, second, as a member of society.
Illustrations of Application of Indeterminate
Sentence Law
1. Under the Revised Penal Code:

A penalty of reclusion temporal was imposed for committing homicide.

a. There is no mitigating or aggravating circumstance

i. Maximum Term – reclusion temporal which should be imposed in the

medium period (Art 64 par. 1)

ii. Minimum Term – anywhere within the range of prision mayor, the
penalty next lower from reclusion temporal.
b. There is one ordinary mitigating circumstance

i. Maximum term – reclusion temporal, in its minimum period, after

considering the mitigating circumstance.

ii. Minimum term – anywhere within the range of prision mayor without
reference to any of its period.

c. There is one aggravating circumstance

i. Maximum Term – reclusion temporal, in its maximum period, after

considering the aggravating circumstance

ii. Minimum Term – anywhere within the range of prision mayor without
reference to any of its period
2. Under Special Law:

A is convicted of illegal possession of firearms

punishable by 1 year and 1 day to 5 years of
imprisonment

a. Maximum Term – shall not exceed 5 years as fixed

by law.

b. Minimum Term – shall not be less than the

minimum of 1 year and 1 day prescribed by said law.
 OFFSET
Mitigating circumstances fall into 2 categories: ordinary mitigating and
privileged mitigating. Ordinary mitigating circumstances are those that
are enumerated in Art. 13 of the Revised Penal Code. Privileged
mitigating circumstances are found in other parts of the Revised Penal
Code and RA 9344. Privileged mitigating circumstances are applicable
only to particular crimes. In this post, we'll talk about privileged
mitigating circumstances.

Art. 13, par. 2 and Art. 68, both of the Revised Penal Code, have been
modified/repealed by RA 9344. People therefore over 15 but under 18
years old are exempt from criminal liability if they didn't act with
discernment and, if they did, will get a penalty next lower than what is
prescribed by law.
In Art. 69, the penalty is lowered by 1 or 2 degrees if the act of
the perpetrator isn't fully excusable, such as in incomplete self-
defense. In case the penalty the law prescribes contains 3
periods either as a single divisible penalty or one that has 3
different penalties, each will form a period.

Ordinary mitigating circumstances can be offset by aggravating

circumstances; privileged mitigating circumstances can't. If an
ordinary mitigating circumstance isn't offset by an aggravating
circumstance the penalty is considered to be applied in its
minimum period. Privileged mitigating circumstances have the
effect of imposing a penalty 1 or 2 degrees lower than what is
prescribed by law. Art. 64.
 Art. 64.
1. When there are neither aggravating nor mitigating circumstances,
they shall impose the penalty prescribed by law in its medium period.

2. When only a mitigating circumstances is present in the commission

of the act, they shall impose the penalty in its minimum period.

3. When an aggravating circumstance is present in the commission of

the act, they shall impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present,

the court shall reasonably offset those of one class against the other
according to their relative weight.
When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose
the penalty next lower to that prescribed by law, in the period
that it may deem applicable, according to the number and
nature of such circumstances.

6. Whatever may be the number and nature of the aggravating

circumstances, the courts shall not impose a greater penalty
than that prescribed by law, in its maximum period.

7. Within the limits of each period, the court shall determine

the extent of the penalty according to the number and nature
of the aggravating and mitigating circumstances and the
greater and lesser extent of the evil produced by the crime.
4 KINDS OF AGGRAVATING CIRCUMSTANCES
1. GENERIC Generally applies to all crimes
Dwelling, Nighttime, Recidivism
1-20, (except motor vehicle)

2. SPECIFIC Only to particular crimes.

Ignominy against chastity
Cruelty/Treachery against persons
14, except dwelling
15, 16, 17, 21

3. QUALIFYING Change nature of crime.

Treachery + premeditation
Article 248

4. INHERENT Must accompany the crime.

Premeditation is inherent in robbery, theft
and cannot further aggravate
 BAR Questions
Q: Imagine that you are a Judge trying a case, and based on the
evidence presented and the applicable law, you have decided on the
guilt of two (2) accused. Indicate the five (5) steps you would follow to
determine the exact penalty to be imposed. Stated differently, what
are the factors you must consider to arrive at the correct penalty?
(1991 Bar)
A:
1. Determine the crime committed;
2. Stage of execution and degree of participation;
3. Determine the penalty
4. Consider the modifying circumstances;
5. Determine whether
 INDETERMINATE SENTENCE LAW (R.A. 4103, AS
AMENDED) (1988, 1989, 1990, 1994, 1997, 1999, 2002,
2005, 2007, 2009, 2010, 2013, 2016)
Q: State the application of the Indeterminate Sentence Law. (1988, 2016
Bar)
A:
(a) The Indeterminate Sentence Law (ISLaw) applies in cases where the penalty imposed is more than one year and
the ISLaw shall apply where there is a minimum penalty which is not lower than the penalty next lower in degree
provided by law and the maximum not higher than the maximum penalty provided by law in cases of felonies but
when it comes to statutory offenses, it must be lower than the minimum penalty provided by law and not higher
than the maximum penalty provided by law except in the following cases as provided by Section 2 of Art. 4103:
1. Life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason
3. To those convicted of misprision of treason, rebellion, sedition or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
6. Those who shall have escaped from confinement or evaded sentence
7. Those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof
8. Those whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final
judgment at the time of approval of this Act, except as provided in Sec. 5 hereof
Q: Itos was convicted of an offense penalized by a special law. The
penalty prescribed is not less than six years but not more than
twelve years. No modifying circumstance attended the commission
of the crime. If you were the judge, will you apply the Indeterminate
Sentence Law? If so, how will you apply it? (1994, 1999 Bar)

A: If I were the judge, I will apply the provisions of the

Indeterminate Sentence Law, as the last sentence of Section
1 Act 4103, specifically provides the application thereof for
violations of special laws. Under the same provision, the
minimum must not be less than the minimum provided
therein (six years and one day) and the maximum shall not
be more than the maximum provided therein, i.e. twelve
years.
Q: When would the Indeterminate Sentence Law (ISLaw) be inapplicable? (1999, 2003
Bar)

A: The ISLaw is not applicable to:

1. Those persons convicted of offenses punished with death penalty or life-
imprisonment or reclusion perpetua;
2. Those convicted of treason, 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 shall have escaped from confinement or evaded sentence;
7. Those who having been granted conditional pardon by the Chief Executive shall
have violated the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one year;
9. Those already sentenced by final judgment at the time of the approval of this Act;
and
10. Those whose sentence imposes penalties which do not involve imprisonment,
like destierro.
Q: How are the maximum and the minimum terms of
the indeterminate sentence for offenses punishable
under the Revised Penal Code determined? (2002 Bar)

A: For crimes punished under the Revised Penal Code,

the maximum term of the indeterminate sentence shall
be the penalty properly imposable under the same
Code after considering the attending mitigating and/or
aggravating circumstances according to Art. 64 of said
Code. The minimum term of the same sentence shall be
fixed within the range of the penalty next lower in
degree to that prescribed for the crime under the said
Code.
Q: While serving his sentence, Macky entered the
prohibited area and had a pot session with Ivy (Joy’s
sister). Is Macky entitled to an indeterminate sentence
in case he is found guilty of use of prohibited
substances? Explain your answer. (2007 Bar)

A: No. Macky is not entitled to the benefit of the

Indeterminate Sentence Law (Act 4103, as amended) for
having evaded the sentence which banished or placed
him on destierro. Sec. 2 of the said law expressly
provides that the law shall not apply to those who shall
have “evaded sentence”.
Q: Bruno was charged with homicide for killing the 75 year old owner of his rooming
house. The prosecution proved that Bruno stabbed the owner causing his death; and
that the killing happened at 10 in the evening in the house where the victim and
Bruno lived. Bruno, on the other hand, successfully proved that he voluntarily
surrendered to the authorities; that he pleaded guilty to the crime charged; that it was
the victim who first attacked and did so without any provocation on his (Bruno's) part,
but he prevailed because he managed to draw his knife with which he stabbed the
victim. The penalty for homicide is reclusion temporal. Assuming a judgment of
conviction and after considering the attendant circumstances, what penalty should the
judge impose? (2013 Bar)

A: Bruno should be sentenced to an indeterminate sentence penalty of arresto

mayor in any of its period to prision correccional in its medium period as
maximum. Bruno was entitled to two privileged mitigating circumstances of
incomplete self-defense and the presence of at least two ordinary mitigating
circumstances (voluntary surrender and plea of guilt) without any aggravating
circumstance under Art. 69 and 64(5) of the RPC respectively, which lowers the
prescribed penalty for homicide which is reclusion temporal to prision
correccional.
 Minority as mitigating circumstance.
People v. Agacer et. al., January 7, 2013
The penalty imposed upon Franklin, being a minor, must be
accordingly modified. The penalty for murder is reclusion perpetua
to death. A degree lower is reclusion temporal. There being no
aggravating and ordinary mitigating circumstance, the penalty to be
imposed on Franklin should be reclusion temporal in its medium
period, as maximum, which ranges from fourteen (14) years, eight
(8) months and one (1) day to seventeen (17) years and four (4)
months. Applying the Indeterminate Sentence Law, the penalty next
lower in degree is prision mayor, the medium period of which ranges
from eight (8) years and one (1) day to ten (10) years. Due to the
seriousness of the crime and the manner it was committed, the
penalty must be imposed at its most severe range.