INDETERMINATE SENTENCE LAW:

I. For offenses punishable under the RPC The court shall sentence the accused to
an indeterminate sentence..
a. maximum term- in view of the attending circumstances could properly be
imposed
- consider the modifying circumstances applying the rules under
Art. 64, RPC
o neither agg or mit. circumstances penalty in its medium
period
o only a mit. Circumstance penalty in its minimum period
- when there are two or more mit circum. and no agg.
circum penalty next lower to that prescribed by law
in the period that it may deem applicable accdg to the
number and nature of circusmtances
o only an agg. Circumstance penalty in its maximum period
- whatever the nature and number of agg.
circumstances, courts cannot impose a greater penalty
than that prescribed by law in its max period
o both mit and agg present, offset according tot their relative
weight
o within the limits of each period, the courts shall determine
the extent of penalty accdg to the number and nature of agg
and mit circumstances, and the greater or lesser extent of
evil produced by the crime
- Note that privileged mitigating circumstances must be considered
before applying the rules
o Mit. Circumstance of minority is always privileged
- What controls is penalty actually imposed after considering the
attendant circumstances and not what the imposable penalty.
o Penalty orig. exempt from ISL, if after lowering it comes
within law, ISL shall apply
o Apply ISL when lesser penalty is a result of plea bargaining
b. minimum term- within the range of the penalty next lower to that
prescribed by the Code for the offense
- must be based on penalty prescribed. do not consider modifying
circumstances attendant to the commission of crime.
- Determination of minimum penalty is left to the sound discretion
of court and it can be anywhere within the range of penalty next
lower without any reference to the periods into which it may be
divided

II. For offenses punishable by special law the court the shall sentence the accused
to an indeterminate sentence..
a. maximum term- nor exceed the maximum fixed by law
b. minimum term- not be less than the minimum term fixed by law
III. When is the ISL NOT applicable?

The ISL is MANDATORY except in the following instances..

A. OFFENSES
a. Offenses pun. by death or life imprisonment
b. Those convicted of:
a. Treason
b. Conspiracy or proposal to commit treason
c. Misprision of treason
d. Rebellion
e. Sedition
f. Espionage
g. Piracy
c. Those whose maximum period does NOT exceed one year
d. Where reclusion perpetua is imposed as a single indivsible penalty under Art.
63
e. When sentenced to non-prison sentences like fine, destierro, disqualification,
suspension
a. Issue with respect to fine: what if the person suffers subsidiary
penalty subsid. penalty shall not exceed one year of imprisonment.
Even if the penalty will be 1/3 of the penalty that is imposed ex. 6
years of imp or fine of 6K, if cannot pay fine of 6K, what will be the
subsid. penalty? It shall be highest minimum wage per day in the
Philippines. (Hanjin in subic=564; cebu=560/564/565) If ever we
have to compute the number of days of subsid. Imprisonment if
someone is subject to fine of 6k and cannot pay, how many days shall
he spend in prison? So 1000= 2 days. New computation of subsidiary
penalty and imprisonment. (10159

B. OFFENDERS
b. Habitual delinquents A person is a hd if:
c. within a period of 10 years from the date of release or last conviction
of the crimes of
i. serious or less seriously physical injuries
ii. robo
iii. hurto
iv. estafa
v. falsifaction
d. he is found guilty of said crimes a third time or oftener
NOTE: Recidivists are entitled to ISL. Not dq even if crime is committed while
on parole A recidivist is one who at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime embraced
in the same title of this code (ART 14(9))

c. Those who escaped from confinement

d. those who evaded sentence Failed to surrender during promulgation of
service of sentence (judge Pimentel)
e. Those granted conditional parole and who violated its terms
f. Those who are already serving final judgment upon the approval of ISL