Indeterminate Sentence Law Act No. 4103 As Amended
The Indeterminate Sentence Law applies to both violations of the 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:
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 periods.
Factors that could affect the imposition of the 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 prison 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 circumstances 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.
Bar Exam Question (1994)
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?
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. (People vs. Rosalina Reyes, 186 SCRA 184)
Bar Exam Question (1999)
Andres is charged with an offense defined by a special law. The penalty prescribed for the offense
is imprisonment of not less than five (5) years but not more than ten (10) years. Upon arraignment,
he entered a plea of guilty.
In the imposition of the proper penalty, should the Indeterminate Sentence Law be applied? If you
were the judge trying the case, what penalty would you impose on Andres?
Suggested Answer:
Yes, the Indeterminate Sentence law should be applied because the minimum imprisonment is more than one (1) year.
If I were the judge, I will impose an indeterminate sentence, the maximum of which shall not
exceed the maximum fixed by law and the minimum shall not be less than the minimum penalty
prescribed by the same. I have the discretion to impose the penalty within the said minimum and maximum.
Bar Exam Question (1999)
A was convicted of illegal possession of grease guns and two Thompson sub-machine guns punishable under the old law (RA No.4) with imprisonment of from five (5) to ten (10) years. The trial court sentenced the accused to suffer imprisonment of five (5) years and one (1) day.
Is the penalty thus imposed correct? Explain.
Indeterminate Sentence Law does not apply to: The penalty imposed, being only a straight penalty, is not correct because it does not comply with the Indeterminate Sentence Law which applies to this case. Said law requires that if the offense punished by any law other than the Revised Penal Code, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum penalty fixed by the law and the minimum shall not be less than the minimum penalty prescribed by the same.
Bar Exam Question (2002)
How are the maximum and the minimum terms of the indeterminate sentence for offenses punishable under the Revised Penal Code determined?
Suggested Answer:
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 said code.
Bar Exam Question (2002)
Under the law, what is the purpose of fixing the maximum and minimum terms of the indeterminate sentence?
Suggested Answer:
The purpose of the law in fixing the minimum term of the sentence is to set the grace period at which the convict may be released on parole from imprisonment unless by his conduct he is not deserving of parole and thus he shall continue serving his prison term in jail but in no case to go beyond the maximum term fixed in the sentence.
Bar Exam Question (2005)
Harold was convicted of a crime defined and penalized by a special penal law where the imposable penalty is from 6 months, as minimum, to 3 years, as maximum.
State with reasons whether the court may correctlhy impose the following penalties:
a) a straight penalty of 10 months;
Suggested Answer:
Yes, because the penalty is less than one year, a straight penalty may be imoposed. (People vs. Arellano, G.R. No.46501, October 5, 1939)
Alternative Answer:
Under the Indeterminate Sentence Law, the minimum imposable penalty shall be imposed but the maximum shall not exceed the maximum imposable by law.
b) 6 months, as minimum, to 11 months, as maximum;
Suggested Answer:
No, because Indeterminate Sentence Law does not apply when the penalty imposed is less than one year (Section 2, Act. 4103, as amended)
c) a straight penalty of 2 years
Suggested Answer:
No, because the Indeterminate Sentence Law will apply when the minimum of the penalty exceeds one year.
Alternative Answer:
If the imposition of straight penalty which consists of the minimum period of the penalty prescribed by law, then it may be allowed because it favors the accused.
Bar Exam Question (1999)
Indeterminate Sentence Law; Exceptions
Under what circumstances is the Indeterminate Sentence Law not applicable?
Suggested Answer:
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
6. Those who shall have escaped from confinement or evaded sentence
7. Those who have 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 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.
Bar Exam Question (2003)
When would the Indeterminate Sentence Law be inapplicable?
Suggested Answer:
The Indeterminate Sentence Law is not applicable to:
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 periods.
Factors that could affect the imposition of the 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 prison 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 circumstances 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.
Bar Exam Question (1994)
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?
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. (People vs. Rosalina Reyes, 186 SCRA 184)
Bar Exam Question (1999)
Andres is charged with an offense defined by a special law. The penalty prescribed for the offense
is imprisonment of not less than five (5) years but not more than ten (10) years. Upon arraignment,
he entered a plea of guilty.
In the imposition of the proper penalty, should the Indeterminate Sentence Law be applied? If you
were the judge trying the case, what penalty would you impose on Andres?
Suggested Answer:
Yes, the Indeterminate Sentence law should be applied because the minimum imprisonment is more than one (1) year.
If I were the judge, I will impose an indeterminate sentence, the maximum of which shall not
exceed the maximum fixed by law and the minimum shall not be less than the minimum penalty
prescribed by the same. I have the discretion to impose the penalty within the said minimum and maximum.
Bar Exam Question (1999)
A was convicted of illegal possession of grease guns and two Thompson sub-machine guns punishable under the old law (RA No.4) with imprisonment of from five (5) to ten (10) years. The trial court sentenced the accused to suffer imprisonment of five (5) years and one (1) day.
Is the penalty thus imposed correct? Explain.
Indeterminate Sentence Law does not apply to: The penalty imposed, being only a straight penalty, is not correct because it does not comply with the Indeterminate Sentence Law which applies to this case. Said law requires that if the offense punished by any law other than the Revised Penal Code, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum penalty fixed by the law and the minimum shall not be less than the minimum penalty prescribed by the same.
Bar Exam Question (2002)
How are the maximum and the minimum terms of the indeterminate sentence for offenses punishable under the Revised Penal Code determined?
Suggested Answer:
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 said code.
Bar Exam Question (2002)
Under the law, what is the purpose of fixing the maximum and minimum terms of the indeterminate sentence?
Suggested Answer:
The purpose of the law in fixing the minimum term of the sentence is to set the grace period at which the convict may be released on parole from imprisonment unless by his conduct he is not deserving of parole and thus he shall continue serving his prison term in jail but in no case to go beyond the maximum term fixed in the sentence.
Bar Exam Question (2005)
Harold was convicted of a crime defined and penalized by a special penal law where the imposable penalty is from 6 months, as minimum, to 3 years, as maximum.
State with reasons whether the court may correctlhy impose the following penalties:
a) a straight penalty of 10 months;
Suggested Answer:
Yes, because the penalty is less than one year, a straight penalty may be imoposed. (People vs. Arellano, G.R. No.46501, October 5, 1939)
Alternative Answer:
Under the Indeterminate Sentence Law, the minimum imposable penalty shall be imposed but the maximum shall not exceed the maximum imposable by law.
b) 6 months, as minimum, to 11 months, as maximum;
Suggested Answer:
No, because Indeterminate Sentence Law does not apply when the penalty imposed is less than one year (Section 2, Act. 4103, as amended)
c) a straight penalty of 2 years
Suggested Answer:
No, because the Indeterminate Sentence Law will apply when the minimum of the penalty exceeds one year.
Alternative Answer:
If the imposition of straight penalty which consists of the minimum period of the penalty prescribed by law, then it may be allowed because it favors the accused.
Bar Exam Question (1999)
Indeterminate Sentence Law; Exceptions
Under what circumstances is the Indeterminate Sentence Law not applicable?
Suggested Answer:
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
6. Those who shall have escaped from confinement or evaded sentence
7. Those who have 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 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.
Bar Exam Question (2003)
When would the Indeterminate Sentence Law be inapplicable?
Suggested Answer:
The Indeterminate Sentence Law is not applicable to:
- Those person convicted of offenses punished with death penalty or life imprisonment or reclusion perpetual;
- Those convicted of treason, conspiracy or proposal to commit treason;
- Those convicted of misprision of treason, rebellion, sedition or espionage;
- Those convicted of piracy
- Those who are habitual delinquents;
- Those who shall have escaped from confinement or evaded sentence
- Those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof;
- Those whose maximum term of imprisonment does not exceed one year;
- Those already sentenced by final judgment at the time of the approval of this act; and
- Those whose sentence impose penalties which do not involve imprisonment, like destierro.
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