Indeterminate Sentence Law Act No. 4103 As Amended
The Indeterminate Sentence Law applies to both violations of Revised
Penal Code and special laws, and is based on the penalty actually
imposed.
The Indeterminate Sentence Law shall not apply to the
following persons.
1. Those sentenced to death penalty or life imprisonment
2. Those convicted of treason, or 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 have escaped from confinement, or evaded sentence
7. Those granted with conditional pardon by the President, but
violated the terms thereof
8. Those whose maximum term of imprisonment does not exceed 1 year
9. Those who are sentenced to the penalty of destierro or
suspension only
Indeterminate sentence is mandatory where imprisonment would exceed
one year.
IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term – is that which could be properly imposed under
the RPC, considering the aggravating and mitigating circumstances.
2. 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.
IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW
1. The Maximum Term – must not exceed the maximum term fixed by
said law.
2. 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 reclusión perpetua and the like).
RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the release of a
prisoner on parole, after he shall have served the minimum penalty
imposed on him, provided that:
1. Such prisoner is fitted by his training for release,
2. There is reasonable probability that he will live and remain at
liberty without violating the law,
3. Such release will not be incompatible with the welfare of society.
ENTITLEMENT TO FINAL RELEASE AND DISCHARGE
If during the period of surveillance such paroled prisoner shall:
(a) show himself to be a law abiding citizen and,
(b) shall not violate any law,
the Board may issue a final certification in his favor, for his final
release and discharge.
SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of the conditions of
his parole:
(a) the Board may issue an order for his arrest, and thereafter,
(b) the prisoner shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison.
REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE
INDETERMINATE SENTENCE
The minimum and maximum terms in the Indeterminate Sentence 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.
Why is Indeterminate Sentence LAW 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.
Purpose of the law:
- to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of liberty and economic
usefulness
- It is necessary to consider the criminal first as an individual,
and second as a member of the society.
- The law is intended to favor the defendant, particularly to
shorten his term of imprisonment, depending upon his behavior
and his physical, mental and moral record as a prisoner, to be
determined by the Board of Indeterminate Sentence.
The settled practice is to give the accused the benefit of the law
even in crimes punishable with death or life imprisonment provided
the resulting penalty, after considering the attending
circumstances, is reclusion temporal or less.
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.
Some More Illustrations:
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
Example:
People v. Campuhan
The penalty for attempted rape is two (2) degrees lower than the
imposable penalty of death for the offense charged, which is
statutory rape of a minor below seven (7) years. Two (2) degrees
lower is reclusion temporal, the range of which is twelve (12)
years and one (1) day to twenty (20) years. Applying the
Indeterminate Sentence Law, and in the absence of any mitigating
or aggravating circumstance, the maximum of the penalty to be
imposed upon the accused shall be taken from the medium period of
reclusion temporal, the range of which is fourteen (14) years, eight
(8) months and (1) day to seventeen (17) years and four (4) months,
while the minimum shall be taken from the penalty next lower in
degree, which is prision mayor, the range of which is from six (6)
years and one (1) day to twelve (12) years, in any of its periods.
Share This:
Bigwas
My friends call me Bigwas, I have a degree in Law and Criminology, not English but Internet marketing and Web developing is what I do and I love to blog. I hope you learn something from my blog.
No Comment to " Indeterminate Sentence Law Act No. 4103 As Amended "
Post Any Question Or Correction