INDETERMINATE SENTENCE LAW (ACT 4103)
- Modifies the imposition of penalty
- Courts mandated to fix a minimum term of sentence
and maximum term of sentence
- If served the minimum, he can be released for parole
under certain conditions,
OBJECTIVE:
1. Uplift and redeem valuable human material
2. Avoid unnecessary excessive deprivation of liberty
PAROLE - conditional release of the offender from the
correctional institution after serving minimum sentence showing
that he has reformed. (Does not extinguish criminal and civil
liability)
Requisites:
1. He must be placed in prison to serve an indeterminate
sentence which exceeds 1 year
2. Served minimum sentence
3. Board of pardons and parole found that his release is
for the greater interest of society
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 imprisonme
2) if convicted of treason, conspiracy, proposal to commit
treaso
3) if convicted of misprision of treason, sedition, rebellion or
espionag
4) if convicted of pirac
5) if the offender is a habitual delinquent
6) those who escaped from prison/ confinement 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 (straight penalty not given Indeterminate Sentence)
9) if convicted by final judgement at the time of the effectivity
of Act No. 41
10) if penalized with suspension or destierro
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)
 ISLAW applies to offenses punished by SPL and RPC.
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: A person carnapped a vehicle and used violence.
Law: If with violence – 17 yrs and 4 mos to 13yrs
How to get maximum and minimum penalty in RPC
1) Consider attendant mitigating or aggravating circumstance
2) Get first the minimum term of sentence w/ all the attendant
circumstanc
3) Lower it 1 degree. No longer consider attendant
circumstance.
Example: In the crime of homicide, the offender is sentenced to
reclusion temporal.
The maximum penalty under the ISLAW 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?
1) Determine the entire range of the penalt
2) Determine if there is mitigating or aggravating circumstance
Which period will the maximum penalty be placed? (Art. 64)
- 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.
- If there is mitigating: minimum period
- If there is aggravating: maximum period
What is the minimum penalty now?
- The rule is to simply get the penalty 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
- Minimum term is always in the sound discretion of
the court.
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 ISLAW, 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.
OTHER EXAMPLES:
NO AGGRAVATING CIRCUMSTANCE:
 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 XPN to the rule.
- If there is a privileged mitigating circumstance, take
PMC into account 1st in order to obtain the proper
maximum penalty.
 - Then, from that maximum penalty, we obtain the proper  4 mitigating, NO aggravating
minimum penalty by getting the penalty 1 degree lower. - maximum penalty: arresto mayor in its maximum
Same rule applies as to the period of the minimum period
penalty.

Remember: It will never become a PMC if there is an

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

 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 2 mitigating circumstance shall be PMC. 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 PMC. 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.

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 RPC, falsification of public documents (Art.
171) is a more serious offense punished by prision
mayor than estafa (Art. 315), punished only by prision
correctional.

Thus, applying the ISLAW:

- maximum penalty shall be prision mayor in the
maximum period.
- Minimum penalty shall be prision correctional, any
period.

 1 mitigating circumstance proven.

- Maximum penalty 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.

 2 mitigating circumstance and no aggravating?

- If it is a privileged mitigating circumstance, we lower by
the penalty by 1 degree but still place it at the maximum
period.
- maximum penalty shall be prision correctional in the
maximum period.