Indeterminate Sentence Law It is anything within the inclusive range of the
Act No. 4103, as Amended prescribed penalty. Courts are given discretion in the
The Indeterminate Sentence Law modifies the imposition
of penalties under both the Revised Penal Code and
special laws, and is based on the penalty actually
imposed.
It applies only when the penalty served is imprisonment.
It is intended to favor the accused 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.
Purposes of the Law:
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.
Application on the Imposed Sentence:
1. Under the Revised Penal Code, or its amendments
The court shall sentence the accused to an
indeterminate sentence the maximum term of which
shall be that which, in view of the attending
circumstances, could be properly imposed under the
rules of the said Code, and the minimum which shall
be within the range of the penalty next lower to that
prescribed by the Code for the offense.
The maximum is the penalty imposed as provided by
law, depending upon the attending circumstances.
The minimum is one degree next lower to the
penalty prescribed for the offense. The latter is
determined without considering the attending
circumstances to the penalty prescribed, and is left
to the discretion of the court. (People vs. Yco, G.R.
No. L-6545, July 27, 1954)
Example: Homicide with one mitigating
circumstance.
The maximum penalty prescribed by law is reclusion
temporal. Since there is one mitigating and no
aggravating it will be in the minimum or reclusion
temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion
temporal without considering the mitigating
circumstance and that will be prision mayor. The
range of prision mayor will depend upon the
discretion of the court. Therefore, the indeterminate
penalty is a minimum of prision mayor (within the
range fixed by the court) to a maximum of reclusion
temporal minimum period.
2. Under Special Laws
If the offense is punished by any other law, the court
shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not
exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term
prescribed by the same.
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
Revised Penal Code (such as reclusin perpetua
and the like).
Note: 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.
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.
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.
Coverage:
The Indeterminate Sentence Law is mandatory in all
cases, EXCEPT if the accused will fall in any of the
following exceptions:
1. Those sentenced to death penalty, reclusion
perpetua, or life imprisonment.
2. Those convicted of treason, conspiracy and
proposal to commit treason, misprision of treason,
espionage, or piracy.
3. Those convicted of rebellion or sedition.
4. Those who are habitual delinquents.
5. Those who have escaped from confinement, or
evaded sentence.
6. Those who having granted conditional pardon by
the President shall have violated the terms thereof.
7. Those who are sentenced to prison terms of not
more than one (1) year.
8. Those already serving final judgment upon the
approval of this Act.
9. Those who are sentenced to the penalty of
destierro, disqualification or suspension only.
Indeterminate sentence is mandatory where
imprisonment would exceed one year.
A person who violated the Dangerous Drugs Act can
qualify for indeterminate sentence if the maximum
penalty he is facing is not life imprisonment.
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. (People vs. Cempron, 187 SCRA 278)
Conditions of Parole
Every prisoner released from confinement on parole by
virtue of this Act shall report personally to such
government officials or other parole officers.
The limits of residence of such paroled prisoner during
his parole may be fixed and from time to time changed
by the said Board in its discretion.
If during the period of surveillance such paroled prisoner
shall show himself to be a law-abiding citizen and shall
not violate any of the laws of the Philippine Islands, the
Board of Indeterminate Sentence may issue a final
certificate of release in his favor, which shall entitle him
to 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.
Examples and Illustrations on the 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.
Example: Penalty is one year to 5 years.
Indeterminate sentence may be one year to 3 years or 3
years to 5 years.
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?
Pursuant to Article 64 of the Revised Penal
Code, 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 the 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 correccional 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 1aggravating will never
become privileged mitigating circumstance.
3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correccional 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 correccional in the medium
period
(2 privileged circumstance. Thus we lower by 2 degrees)
minimum penalty: arresto mayor any period
The rule is, if it is a privileged mitigating circumstance,
we lower the penalty by one degree but still place it at
the maximum period. Thus, the maximum penalty shall
be prision correccional in the maximum period.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period
Case: People vs. Campuhan, G.R. No. 129433, March
30, 2000
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.

5 mitigating, NO aggravating
maximum penalty: prision correccional 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 correccional 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 correccional.
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 correccional,
any period.
Suppose there was 1 mitigating circumstance proven.
Maximum penalty would still be prision mayor in the
maximum period.
Pursuant to Article 48 of the Revised Penal Code, 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?