Republic of the Philippines

Congress of the Philippines

Metro Manila
Thirteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five.
Republic Act No. 9346
June 24, 2006
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One
Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby
repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty
Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or
amended accordingly.
SEC. 2. In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the
Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties
of the Revised Penal Code.
SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate
Sentence Law, as amended.
SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a
newspaper of general circulation of the names of persons convicted of offenses punished withreclusion perpetua or life
imprisonment by reason of this Act who are being considered or recommend for commutation or pardon; Provided, however,
That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Article VII of the
Constitutions.
SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general circulation.
Approved,
FRANKLIN DRILON
JOSE DE VENECIA JR.
President of the Senate
Speaker of the House of
Representatives
This Act which is a consolidation of Senate Bill No. 2254 and House Bill No. 4826 was finally passed bu the Senate and the
House of Representative on July 7, 2006.
OSCAR G. YABES
ROBERTO P. NAZARENO
Secretary of Senate
Secretary General
House of Represenatives
Approved: June 24, 2006
GLORIA MACAPAGAL-ARROYO
President of the Philippines

INDETERMINATE SENTENCE LAW

Act No. 4103 as amended by Act No. 4225 -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 therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both violations of Revised Penal Code and special penal laws.
I.

IF THE PENALTY IS IMPOSED BY THE RPC:

a. The Maximum Term is that which could be properly imposed under the RPC, considering the aggravating and
mitigating circumstances,
b.
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.

II. IF THE PENALTY IS IMPOSED BY A SPECIAL LAW

SIMPLY for special laws, it is anything within the inclusive range of the prescribed penalty. Courts are given discretion
and the circumstances are not considered.
The Maximum Term must not exceed the maximum term fixed by said law.
The Minimum Term must not be less than the minimum term prescribed by the same.
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 reclusin
perpetua and the like).

B. WHEN BENEFIT OF THE ISLAW IS NOT APPLICABLE

The Indeterminate Sentence Law shall not apply to the following persons: CODE:
DL-TCP-M/TRES-PHE-Violated-One-Final-DesSus
1. sentenced to death penalty or life imprisonment
2. treason, or conspiracy or proposal to commit treason
3. misprision of treason, rebellion, sedition or espionage
4. piracy
5. habitual delinquents (however it is applicable to recidivists)
6. escaped from confinement, or evaded sentence
7. granted with conditional pardon by the President, but violated the terms thereof
8. maximum term of imprisonment do not exceeding 1 year
9. Those who had already been sentenced by final judgment at the time of approval of the ISLAW.
10. sentenced to the penalty of destierro or suspension only
Also not applicable when not favorable to the accused.
COMMUTATION
change in the decision of the court by the chief executive: 1. By reducing the degree of the penalty 2. by decreasing the
length of the imprisonment or amount of fine
In either case, penalty is reduced to reclusion perpetua. Commutation Allowed When: 1. when convict sentenced to death is
over 70 years old 2. 8 justices of the SC fail to reach a decision affirming the death penalty
* Unlike pardon, no need to be accepted by convict because public interest prevails over private interest.
* Example of commutation is art. 83. The death sentence shall not be inflicted upon a woman within 1 year after delivery,
nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to reclusion
perpetua with the accessory penalties in art. 40.
PARDON
EFFECTS OF PARDON BY THE PRESIDENT 1. A pardon shall not restore the right to hold public office or the right of suffrage.
EXCEPT; when any or both such rights is or are expressly restored by the terms of the pardon; 2. It shall not exempt the
culprit from the payment of the civil indemnity.
LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER 1. That the power can be exercised only after conviction; 2.
That such power does not extend to cases of impeachment.
A presidential pardon affects only the principal penalty and not the accessory penalties, unless the same are expressly
remitted in the pardon.
Executive clemency is a power given to the executive branch to essentially forgive or show mercy on those who have been
convicted or accused of crimes.