Professional Documents
Culture Documents
Special Law
Maximum Term
That which could be properly imposed under the RPC,
considering the generic aggravating and ordinary mitigating
circumstances.
Minimum Term
Within the range of the penalty one degree lower than that
prescribed by the RPC, without considering the
circumstances.
Note: 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 lower than
that prescribed by the Code for the offense.
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But a recidivist for the first time may be given the benefits of the ISL
Reasons for fixing the Maximum and Minimum Terms in the Indeterminate Sentence:
The minimum and maximum terms in the ISLAW must be fixed because they are the basis for the following:
Release of the Prisoner on Parole:
Whenever any prisoner shall have served the minimum penalty imposed on him and it appears to the Board of
Indeterminate Sentence that the prisoner is fitted for release The Board of Pardons and Parole may authorize release
of prisoner on parole, subject to terms and conditions as may be prescribed by the board 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 that law,
3 Such release will not be incompatible with the welfare of society.
Sanction for Violation of Conditions of Parole
If prisoner released on parole shall, during the period of surveillance, violate any of the conditions of his parole
1 Board may issue an order for his arrest and;
2 The prisoner shall serve remaining unexpired portion of the maximum sentence for which he was originally
committed to prison. (Secs. 5 and 8, RA 4103)
EVEN IF the prisoner, after having served minimum of his sentence, is not seen as fit to be released for parole he shall
continue to serve imprisonment until the end of the maximum term.
Entitlement to Final Release and Discharge
If during the period of surveillance such paroled prisoner shall:
1 Show himself to be a law-abiding citizen and,
2 Shall not violate any law,
The Board may issue a final certification in his favor, for his final release and discharge. (SBC Law, 2012)
STEPS to determine the Indeterminate Sentence:
1.) Crime and Penalty
2.) Lower penalty by:
1 deg: 2+MC, No AC
1 deg: >15 <18
1 deg: unlawful aggression only + any other 2 remaining elements
3.) Maximum = imposable penalty, apply remaining AC or MC
4.) Minimum = 1 degree lower from imposed penalty
Illustrations of Application of ISLAW
Example #1: Adam killed Jon
1 Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2 NO AC & MC = NOT APPLICABLE
3 MAXIMUM INDETERMINATE SENTENCE
Reclusion temporal, Medium term
4 MINIMUM INDETERMINATE SENTENCE
One degree lower = Prision Mayor
Example #7: Behati stabbed and killed Adam when A placed his hands on the thigh of B, w/o any provocation on
her part.
1 Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2 Incomplete defense: unlawful aggression & lack of sufficient provocation
Penalty = 2 degrees lower = PRISION CORRECIONAL
3 MAXIMUM INDETERMINATE SENTENCE
No MC, No AC
Prision Correccional, Medium
4 MINIMUM INDETERMINATE PENALTY
Arresto Mayor, Medium
IP: Arresto Mayor as medium to Prision Correccional in its medium period
Example #8: Jon killed Adam in incomplete self-defense. There was no unlawful aggression by Adam and no
sufficient provocation on the part of Jon. But the means employed by Jon to defend himself was not reasonable.
Jon acted w/ obfuscation and after killing Adam, surrendered himself.
1 Crime: Homicide
Penalty: Reclusion temporal
2 Incomplete defense: unlawful aggression & lack of sufficient provocation
2 Degrees lower = PRISION CORRECIONAL
2 MC (Obfuscation & Voluntary surrender)
1 Degree lower = ARRESTO MAYOR
Penalty: Arresto Mayor, Medium
Example # 9 Adam was guilty of complex crime of frustrated Homicide with assault upon Jon an agent of a
person in authority.
1 Crime: FRUSTRATED HOMICIDE with ASSAULT
Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1 degree lower)
Assault: Prision Correccional Med to Max Period
Penalty to be considered: PRISION MAYOR (higher)
2
Not Applicable
3 MAXIMUM INDETERMINATE SENTENCE
Prision Mayor, Maximum (Art.48)
4 MINIMUM INDETERMINATE PENALTY
Prision Correccional
IP: Prision Correccional as minimum to Prision Mayor in its maximum period as maximum
Example # 10: Adam attempted to kill his uncle Jon, a senior citizen. He was not able to kill Jon because he was
arrested upon complaint of Jon as regard to Adams threats that he will kill him.
1 Crime: GRAVE THREATS
Penalty: Prision Correccional (2 degrees lower penalty for homicide)
Art. 281 (1)
2 Not Applicable
3
MAXIMUM INDETERMINATE PENALTY
No MC, 2ACs (Relationship & disregard of respect)
= Prision Correccional, Maximum
4)
MINIMUM INDETERMINATE PENALTY
= Arresto Mayor
IP: Arresto Mayor as minimum to Prision Correccional in its maximum period as maximum.
Example # 11: Adam robbed Jon in an inhabited house.
1 Crime: Robbery
Penalty:
Prision Mayor
2 Not Applicable
3
MAXIMUM INDETERMINATE PENALTY
= Prision Mayor, Medium
4 MINIMUM INDETERMINATE PENALTY
= Prision Correccional
IP: Prision Correccional as minimum to Prision Mayor in its medium period as medium
JURISPRUDENCE
People vs. Simon
Crime: violation of RA 6425 or The Dangerous Drug Act of 1972, amended by RA 7659.
Penalty: Reclusion Perpetua.
No aggravating and mitigating circumstances.
Issue:
a. Whether or not a lesser penalty should be imposed?
b. Whether or not ISL is applicable in the present case?
Held:
a. Yes. Based on Art.10, RPC in relation to Art. 22, RPC favourable provisions to the accused should be applied
retroactively with certain limitations such as providing a range depending on the quantity of the drug involved in the
case: