Indeterminate Sentence Law (1994) Indeterminate Sentence Law (2002) 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) How are the maximum and the minimum terms of the indeterminate sentence for offenses punishable under the Revised Penal Code determined? (3%) 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 the said Code. Under the law, what is the purpose for fixing the maximum and the minimum terms of the indeterminate sentence? (2%) 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. Indeterminate Sentence Law; Exceptions (1999) Under what circumstances is the Indeterminate Sentence Law not applicable? (2%) 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 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 already sentenced by final judgment at the time of approval of this Act; and 10. Those whose sentence imposes penalties which do not involve imprisonment, like destierro.

Indeterminate Sentence Law (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? (4%) 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.

Penalties: Fine or Imprisonment vs. Subsidiary Imprisonment (2005) Indeterminate Sentence Law (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 correctly impose the following penalties: a) a straight penalty of 10 months; Yes, because the penalty is less than one year, a straight penalty may be imposed. (People v. 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; No, because Indeterminate Sentence Law does not apply when the penalty imposed is less than one year (Sec. 2, Art. 4103, as amended). c) a straight penalty of 2 years. (5%) 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. E and M are convicted of a penal law that imposes a penalty of fine or imprisonment or both fine and imprisonment. The judge sentenced them to pay the fine, jointly and severally, with subsidiary imprisonment in case of insolvency. Is the penalty proper? Explain. The penalty is not proper. The two accused must separately pay the fine, which is their penalty. Solidary liability applies only to civil liabilities. ALTERNATIVE ANSWER: NO, because in penal law when there are several offenders, the court in the exercise of its discretion shall determine what shall be the share of each offender depending upon the degree of participation as principal, accomplice or accessory. If within each class of offender, there are more of them, such as more than one principal or more than one accomplice or accessory, the liability in each class of offender shall be subsidiary. Anyone of the may be required to pay the civil liability pertaining to such offender without prejudice to recovery from those whose share have been paid by another. May the judge impose an alternative penalty of fine or imprisonment? Explain. (4%) No. A fine, whether imposed as a single or as an alternative penalty, should not and cannot be reduced or converted into a prison term. There is no rule for transmutation of the amount of a fine into a term of imprisonment.

Indeterminate Sentence Law (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. (3%) 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 is 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.