Indeterminate Sentence Law (ISLAW): How to

determine maximum and minimum penalties

(Act no 4103 as amended)

The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the
following exceptions:

1. if sentenced with a penalty of death or life imprisonment

2. if convicted of treason, conspiracy, proposal to commit treason
3. if convicted of misprision of treason, sedition, rebellion or espionage
4. if convicted of piracy
5. if the offender is a habitual delinquent
6. those who escaped from prison or evaded sentence
7. those who violated the terms of conditional pardon of the chief executive
8. where the maximum term of imprisonment does not exceed 1 year (important!)
9. if convicted by final judgement at the time of the effectivity of Act No. 4103
10. if penalized with suspension or distierro

If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW!

ISLAW applies to offenses punished by Special Law and Revised Penal Code.

Why is ISLAW mandatory?

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:

How to get maximum and minimum penalty in Special Law:

1. The maximum penalty should NOT exceed the maximum provided for by that law.
2. The minimum penalty should NOT fall below the minimum provided by the law.

How to get maximum and minimum penalty in Revised Penal Code:

Example: In the crime of homicide, under the Revised Penal Code, the offender is sentenced to reclusion
temporal.

The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But reclusion
temporal is a divisible penalty consisting of maximum, medium and minimum periods. Which period will
we place the maximum term of the Indeterminate Sentence?

Guide for determining the maximum penalty:

1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance

Which period will the maximum penalty be placed?

In pursuant to art 64, when there is no mitigating and no aggravating circumstance, it should be placed at
the medium period. Thus, the maximum penalty for the example above is reclusion temporal in the
medium period.

What is the minimum penalty now?

In getting the minimum penalty, the rule is to simply get the penalty one (1) degree lower from the
maximum penalty without taking into account the mitigating and aggravating circumstance. Thus, the
penalty one degree lower from reclusion temporal, without taking into account any mitigating or
aggravating circumstance, is prision mayor. Prision mayor is now the minimum penalty for our example.

Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.

Again, prision mayor is a divisible penalty. Which period can it be placed?

Under the Indeterminate Sentence Law, it would depend upon the discretion of the court on which period
to place it. Thus, the minimum penalty is prision mayor in any of its period.

Factors that could affect the imposition of minimum penalty:

1. Age
2. Conduct during trial
3. Mental or physical condition

Suppose in the example above, 1 aggravating circumstance was proven. What is now the maximum
penalty?
It would still be reclusion temporal, but it shall be placed in the maximum period because of the presence
of 1 aggravating circumstance.

How about the minimum penalty?

It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which period? It shall
be discretionary upon the court.

(More examples)

1 mitigating but NO aggravating

maximum penalty: reclusion temporal in the minimum period
minimum penalty: prision mayor in any period

2 mitigating, NO aggravating (privileged mitigating)

maximum penalty: prision mayor in the medium period
minimum penalty: prision correctional any period

The preceding example is an exception to the rule. If there is a privileged mitigating circumstance, we
take it into account first in order to obtain the proper maximum penalty. Then, from that maximum penalty,
we obtain the proper minimum penalty by getting the penalty 1 degree lower. Same rule applies as to the
period of the minimum penalty.

Remember: It will never become a privileged mitigating circumstance if there is an aggravating

circumstance present. 8 mitigating and 1 aggravating will never become privileged mitigating
circumstance.

3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correctional any period

In the preceding example, there are 3 mitigating circumstance present and no aggravating circumstance.
The first two mitigating circumstance shall be a privileged mitigating circumstance. Thus, the penalty will
be reduced by 1 degree from reclusion temporal to prision mayor. The 3rd mitigating circumstance shall
place the penalty in the minimum 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

At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance and NO
aggravating:
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period

How is Indeterminate Sentence Law applied in complex crimes (Article 48)?

A complex crime is punished by the most serious offense and shall be imposed in its maximum period.

Example: Estafa through falsification of public documents.

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.

Suppose there was 1 mitigating circumstance proven. Maximum penalty would still be prision mayor in
the maximum period. In pursuant to Article 48, even if there is a mitigating circumstance present, it should
still be imposed at the maximum period.

How about if there are 2 mitigating circumstance and no aggravating?

The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by one degree but still
place it at the maximum period. Thus, the maximum penalty shall be prision correctional in the maximum
period.

4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period
 Indeterminate Sentence Law
This law is related to the probation law.

The purposes of this law are the following:

1.) Promote the prisoner's reformation by allowing him to serve sentence under
a parole officer
2.) Decongest the jails by allowing prisoners to be admitted into parole
3.) Allow the government to save money on maintaining the jails
4.) Prevent the prisoners' economic usefulness from going to waste.

The indeterminate sentence law is an old law, dating back to the American
period -as can be seen from its number: Act 4103 as amended by Act 4225. It's
"Act," not RA or CA. It affects all criminal laws, whether from the Revised Penal
Code or not so long as they don't fall into the instances enumerated by the
indeterminate sentence law itself. Those instances are:

1.) Crimes punishable by death 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.) Habitual delinquents (but recidivists can qualify for indeterminate sentence
-they're not the same as habitual offenders)
6.) Those who escaped from confinement/service or sentence
7.) Those who were granted conditional pardon but violated the terms of the
pardon
8.) In case the maximum prison term doesn't exceed 1 year
9.) Those already serving sentence when the indeterminate sentence law took
effect (no longer applicable because they're all dead)

Anybody who commits a crime falling under any of the above instances can't
qualify for indeterminate sentence. Consequently, a person who violated the
Dangerous Drugs Act can qualify for indeterminate sentence if the maximum
penalty he's facing isn't in life imprisonment; the death penalty was repealed in
2006 by RA 9346.

The indeterminate sentence law is all about parole. If convicted an

indeterminate sentence is imposed by the court, depending on the law in
question. There are 2 possible scenarios:

1.) If the law is part of the Revised Penal Code

The maximum penalty is fixed in accordance with the rules of the Revised Penal
Code, taking into account the attending circumstances. The minimum penalty
will be put within the range of the penalty next lower than what the Revised
Penal Code has prescribed. In case of a complex crime (i.e. when a single act
produces 2 or more crimes,) the full range of the penalty next lower in degree
will be considered in determining the minimum penalty.

2.) If the law in question is a special law

The maximum term can't exceed the maximum that the law in question has
prescribed and the minimum can't be less than the prescribed minimum.
In case the penalty comes from the result of a plea-bargaining, the minimum
penalty will be the one lower than that of the downgraded offense.

Minimum and maximum penalties are specified in order to prevent unnecessary

deprivation of liberty and enhance his economic usefulness. The maximum
penalty is necessary for the imposition of accessory penalties while the
minimum penalty is important to allow the prisoner the chance for parole. In
short, he is given a chance to redeem himself.

Once the minimum term is served, the prisoner becomes eligible for parole if he
proves that he has complied with the conditions imposed on him when he was
made to serve sentence. Parole doesn't mean a person has fully served
sentence, however. It means that he is allowed to serve the remainder of his
sentence out of jail but under the supervision of an appointed parole officer. He
is required to report to this parole officer on appointed dates for the remainder
of the prison term. During parole, the prisoner released on parole must apply
himself to a legitimate occupation and prove himself to be a law-abiding citizen.
His residence will be fixed and changed from time to time under the discretion
of the Board of Indeterminate Sentence/Board of Pardons and Parole. The board
can issue a final certification of release if the paroled prisoner has proven
himself to be a law-abiding citizen.

If he violates the terms and conditions of his parole he can be arrested again. If
that happens, he will have to serve the remaining term of his prison sentence
behind bars.