INDETERMINATE SENTENCE LAW

(Act No. 4103, as amended)

Abuedo, Jhinelle Khay

Casipe, Rommel
Cusay, Jerman
Dela Paz, Marveen
Depasucat, Astrid Beryl
Doran, Mark Anthony
Dy, Maisie
Lee, Mary Kristal
Panganiban, Rommel Carlo
Pena, Lea Kathryn

22 September 2015

DEFINITION
It is the law which modified the imposition of penalties under the Revised Penal Code
and special laws. The courts are mandated in imposing a sentence to fix a minimum and
maximum period of penalty.
The minimum sentence must be served and thereupon, the convict becomes eligible
for parole. When released, he does not become actually discharged because the rest of his
sentence is served out of prison under the supervision of probation officer.

PURPOSES
1.

To prevent the unnecessary and excessive deprivation of liberty;

2.

To enhance the economic usefulness of the accused since he may be exempted

from serving the entire sentence depending upon his behavior and his physical,
mental and moral record (or to uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of liberty and economic
usefulness) (People v Onate, 78 SCRA 43).

3.

When the convict has served the maximum penalty he can be released on parole
by the Bureau of Pardons and Parole.

4.

When the paroled convict violates any of the conditions of the parole, he can be
rearrested to serve the maximum sentence.

5.

Decongest the jails by allowing prisoners to be admitted intro parole.

6.

Allow the government to save money on maintaining jails.

WHY IS THE SENTENCE CONSIDERED INDETERMINATE?

It is because it cannot be determined just exactly how long the convict will serve the
sentence because he may be released on parole after serving the minimum penalty (Estrada).

EXEMPTIONS FROM APPLICATION

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 imprisonment;
2. If convicted of treason, conspiracy, proposal to commit treason;
3. If convicted of misprision of treason, sedition, rebellion or espionage;
4. If convicted of piracy;
5. If the offender is a habitual delinquent;
6. Those who escaped from prison 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 one (1) year;
9. If convicted by final judgement at the time of the effectivity of Act No. 4103; and
10. If penalized with suspension or destierro.

BOARD OF PARDONS AND PAROLE

Composition
o Secretary of Justice - Chairman
o Four members appointed by the President
o One member shall be a trained sociologist
o One member shall be a clergyman or educator
o One member shall be a psychiatrist
o At least one member shall be a woman

Powers
o Authorized to adopt such rules and regulations as may be necessary for
carrying out its functions and duties.
o Empowered to call upon any bureau, office, branch, subdivision, agency, or
instrumentality for assistance as it may need in connection with the
performance of its functions.

Other Matters
o Quorum- Majority of all members.

A majority vote shall be necessary to arrive at a decision.

o Each member of the Board shall be entitled to compensation.

o Board meetings will not be more than three times a week.

HOW TO APPLY
Step 1: Determine the crime committed and the penalty imposable.
Example: Juan and Pedro quarreled. In the process, Juan killed Pedro. The killing
constitutes the crime of Homicide. The penalty imposable for said crime is reclusion
temporal.

Step 2: Fix the proper degree.

Determine if the provisions of Art. 64(5), 68, 69 are applicable. Lower the penalty by
degree or degrees.
o Article 64(5): If there are two or more mitigating circumstances and NO
aggravating circumstance, the penalty imposable is ONE DEGREE LOWER.
o Article 68: over 9 but under 15 years old = TWO DEGREES LOWER; 15 to
below 18 = ONE DEGREE LOWER. (Old Law)
o Article 68: 15 years old below = exempted, TWO DEGREES LOWER; over
15 years old but below 18 = exempted unless acted with discernment, ONE
DEGREE LOWER. (RA 9344)
o Article 69: Incomplete self defense.
o ELEMENTS OF COMPLETE SELF DEFENSE:
i. Unlawful aggression on the part of the victim or deceased.
ii. Reasonable necessity of the means employed by the accused to repel or
repulse the aggression.
iii. Lack of sufficient provocation on the part of the accused.

There is incomplete self defense when only unlawful aggression is

present or when unlawful aggression and any of the two (2) remaining
elements are present.

Only unlawful aggression is present = ONE DEGREE LOWER

Unlawful aggression + any remaining elements = TWO DEGREES

LOWER.

Step 3: Fix the Minimum

The penalty imposable for Homicide is Reclusion Temporal. In fixing the minimum, lower
the penalty by one degree from the penalty imposable or proper degree as the case maybe. In
the instant case, step no. 2 which is the lowering by degree/s is not applicable. Therefore,
lower the penalty by one degree from the penalty imposable to the offense of homicide which
is Reclusion Temporal. One degree is Prision Mayor. Thus, the minimum of the indeterminate
sentence is Prision Mayor in any of its period.
Note: It is within the discretion of the judge to fix the minimum in any of the three periods.
Step 4: Fix the Maximum
From the minimum penalty of Prision Mayor go up one degree higher and look for the
remaining mitigating and aggravating circumstances if there are any. One degree higher from
Prision Mayor is Reclusion Temporal. There being no mitigating or aggravating
circumstances, the maximum of the indeterminate sentence is Reclusion Temporal in its
medium period.

The range of indeterminate sentence is Prision Mayor in any of its period as minimum to
Reclusion Temporal in its medium period as the maximum.
MORE APPLICATIONS
1). Homicide in which one Mitigating circumstance attended its commission.
A and B quarreled. In the process, A killed B. When the police came, A voluntarily
surrendered. Determine the indeterminate sentence to be imposed on A.
The penalty for homicide is Reclusion Temporal. Since we cannot apply step no. 2 (lowering
by degree/s) it appearing that Art. 64 par. 5, art. 68 and art. 69 are not applicable, we can now
fix the minimum by lowering the penalty by one degree from Reclusion temporal. One
degree lower is Prision Mayor.
The minimum is Prision Mayor in any of its period.
In fixing the maximum, go up one degree higher from Prision Mayor or go back to the
penalty where you immediately came from before Prision Mayor which is Reclusion
Temporal. In the instant case, there is one mitigating circumstance which is voluntary
surrender. There being one mitigating circumstance and no aggravating circumstance, the
proper period of the maximum is Reclusion Temporal in its minimum period.
The range of indeterminate sentence is Prision Mayor in any of its period as minimum to
Reclusion Temporal minimum as maximum.

2.) Homicide in which one Mitigating circumstance attended its commission.

A and B quarreled. In the process, A killed B. When the police came, A voluntarily
surrendered.
Determine the indeterminate sentence to be imposed on A.
Answer: The penalty for homicide is Reclusion Temporal. Since we cannot apply step no. 2
(lowering by degree/s) it appearing that Art. 64 par. 5, art. 68 and art. 69 are not applicable,
we can now fix the minimum by lowering the penalty by one degree from Reclusion
temporal. One degree lower is Prision Mayor.
The minimum is Prision Mayor in any of its period.
In fixing the maximum go up one degree higher from Prision Mayor or go back to the penalty
where you immediately came from before Prision Mayor which is Reclusion Temporal. In the
instant case, there is one mitigating circumstance which is voluntary surrender. There being
one mitigating circumstance and no aggravating circumstance, the proper period of the
maximum is Reclusion Temporal in its minimum period.
The range of indeterminate sentence is Prision Mayor in any of its period as minimum to
Reclusion Temporal minimum as maximum.

3. Homicide in which an aggravating circumstance attended its commission.

A and B quarrelled. In the process A killed B. A took advantage of nighttime to facilitate the
commission of the offense.
Determine the indeterminate sentence to be imposed upon A.
Answer: Night time is only an ordinary aggravating circumstance. It is not a qualifying
aggravating circumstance hence it cannot raise the category of the offense to murder. The
offense is therefore homicide. The penalty for homicide is Reclusion temporal. Since we
cannot apply step number 2 (lowering by degree/s) it appearing that Art. 64 par. 5, art. 68 and
art. 69 are not applicable, we can now fix the minimum by lowering the penalty by one
degree from Reclusion temporal. One degree lower is Prision Mayor.
The minimum is Prision Mayor in any of its period.
In fixing the maximum go up one degree higher from Prision Mayor or go back to the penalty
where you immediately came from before Prision Mayor which is Reclusion Temporal. In the
instant case, there is one aggravating circumstance which is nighttime. There being one
aggravating circumstance and no mitigating circumstance, the proper period of the maximum
is Reclusion Temporal in its maximum period.
The range of indeterminate sentence is Prision Mayor in any of its period as minimum to
Reclusion Temporal maximum as maximum.

4). Homicide in which three (3) mitigating circumstances attended its commission.
A and B quarreled. In the process, A killed B. After the killing A voluntarily surrendered to
the police. A was able to prove lack of intent to commit so grave a wrong and passion and
obfuscation. Determine the indeterminate sentence to be imposed upon A.
A committed the crime of homicide punishable by reclusion temporal. The offense is attended
by mitigating circumstances. There being three (3) mitigating circumstances and no
aggravating circumstance. A is entitled to a penalty of one degree lower from reclusion
temporal. One degree is prision mayor. From the proper degree, lower the penalty to get the
minimum penalty. One degree lower from prision mayor is prision correctional in any of its
period.
In fixing the maximum period go one degree higher from prision correctional and that is
prision mayor. Look for the remaining mitigating circumstances. Thus, when fixing the
maximum there remains a mitigating circumstance considering that the other two mitigating
was used to lower down the maximum penalty to prision mayor. Which makes the maximum
period of prision mayor in its minimum period.

5. Homicide in which three (3) mitigating circumstances attended its commission.

Example: A and B quarreled. In the process, A killed B. After the killing A voluntarily
surrendered to the police. A was able to prove lack of intent to commit so grave a wrong and
passion and obfuscation. Determine the indeterminate sentence to be imposed upon A.

Answer: A committed the crime of homicide punishable by reclusion temporal. The offense is
attended by mitigating circumstances. There being three (3) mitigating circumstances and no
aggravating circumstance. A is entitled to a penalty of one degree lower from reclusion
temporal. One degree is prision mayor. From the proper degree, lower the penalty to get the
minimum penalty. One degree lower from prision mayor is prision correctional in any of its
period. In fixing the maximum period go one degree higher from prision correctional and that
is prision mayor. Look for the remaining mitigating circumstances. Thus, when fixing the
maximum there remains a mitigating circumstance considering that the other two mitigating
was used to lower down the maximum penalty to prision mayor. Which makes the maximum
period of prision mayor in its minimum period.

6. Homicide in which three (3) mitigating circumstances and one (1) aggravating
circumstance attended the commission of the crime.
Example: A and B quarreled. In the process, A killed B. After the killing A voluntarily
surrendered to the police. A was able to prove lack of intent to commit so grave a wrong and
passion and obfuscation. However, it was proven that A killed B with disrespect due the
victim on account of his age. Determine the indeterminate sentence to be imposed upon A.
Answer: A committed the crime of homicide punishable by reclusion temporal. The offense is
attended by mitigating circumstances. There is however one aggravating circumstance of
disrespect to the offended party on account of his age. Although there are three mitigating
you cannot lower the penalty by one degree because there is an aggravating circumstance.
Thus, the starting point is Reclusion temporal. In fixing the minimum, go one degree lower
from reclusion temporal which is prision mayor. In fixing the maximum period, go one
degree higher from the minimum penalty. Look for the remaining mitigating and aggravating
circumstances. Offset one mitigating circumstance with the aggravating circumstance and
these remain two mitigating circumstances. Considering the two mitigating circumstance the
maximum penalty is the minimum of reclusion temporal.

OFFENSES WITH AN INDIVISIBLE PENALTY

Sample Problem:
Juan raped Petra. During the trial, Juan pleaded guilty and the mitigating circumstance of
voluntary surrender was duly established. Determine the penalty imposable.
Answer:
The penalty imposable for rape is Reclusion Perpetua to Death. These are two
indivisible penalties. There being two mitigating circumstances, the penalty imposable is the
lesser indivisible penalty of Reclusion Perpetua. We cannot go one degree lower pursuant to
Art. 64 par. 5 because this article applies to divisible penalties. What is applicable is Art. 63
which deals with indivisible penalties.
Art. 63 provides, in all cases in which the law prescribes a single indivisible penalty it shall
be applied by the courts regardless of any mitigating or aggravating circumstances that may
have attended the commission of the deed.

INDETERMINATE SENTENCE IN COMPLEX CRIME

Sample Problem:
Juan, with intent to kill, fired his gun at Pedro. Pedro was not hit but the bullet hit Petra who
was seated beside Pedro. Petra died as a consequence.
a) What crime/crimes did Juan commit?
b) Determine the penalty imposable to Juan taking into consideration the ISLAW.
Answer:
a) Juan committed a complex crime of homicide with attempted homicide. The two
crimes were the result of a single act. As such, the two crimes comprise the single
offense of homicide with attempted homicide.
b) The penalty imposable in a complex crime is the penalty for the higher offense. In the
present case, homicide is the higher offense which is punishable by Reclusion
Temporal. Step number two is not applicable so you can now fix the minimum. Lower
the penalty by one degree. One degree lower than Reclusion Temporal is Prision
Mayor. The minimum penalty therefore is Prision Mayor in any of its periods. Under
Art. 48, the maximum of ISLAW in complex crimes is always the maximum
regardless of any mitigating circumstance that attended the commission of the
offense.
So the range of the indeterminate sentence is Prision Mayor in any of its periods as minimum
to Reclusion Temporal in its maximum period.

INDETERMINATE SENTENCE IN SPECIAL LAW

Maximum must not exceed the maximum term fixed by the law.
Minimum must not be less than the minimum term fixed by law.
Example:
Juan is convicted for Illegal Possession of Firearms punishable by Prision Correctional. The
duration of the penalty is 6 months and 1 day to 6 years. The maximum shall not exceed 6
years. The minimum shall not be lesser than 6 month

REQUISITES FOR RELEASE ON PAROLE

Whenever any prisoner shall have served the minimum penalty imposed on him, and
it shall appear to the Board of Indeterminate Sentence that such prisoner is fitted by his
training for release, that there is a reasonable probability that such prisoner will live at liberty
without violating the law, and that such release will not be incompatible with the welfare of
society, said Board may, in its discretion, authorize the release of such prisoner on parole,
upon such terms and conditions as are prescribed by the law and the Code.

The Board shall also examine the records and status of prisoners who shall have been
convicted of any offense other than those specified in the Exceptions, and have been
sentenced for more than one year by final judgment prior to the effectivity of Act No. 4103.
They shall make recommendations to the President with regard to the parole of such prisoners
as they shall deem qualified for parole, after they shall have served a period of imprisonment
not less than the minimum period for which they have been sentenced under this Act for the
same offense.

DUTY OF THE PAROLEE

Once a prisoner has been released from confinement by reason of the Indeterminate
Sentence Law, it shall be his duty to report personally to such government officers or other
parole officers appointed by the Board of Indeterminate Sentence at such times and in such a
manner as may be designated by the said Board. The surveillance shall be done for a period
equivalent to the remaining portion of the maximum sentence imposed upon him or until final
release and discharge by the Board of Indeterminate Sentence. The limits of residence of the
parolee during his parole may be fixed and from time to time changed by the Board in its
discretion. [Sec. 6, Act No. 4103, as amended]

FINAL RELEASE AND DISCHARGE

If during the period of surveillance, such parolee shall show himself to be a lawabiding citizen and shall not violate any law, the Board of Indeterminate Sentence may issue
a final certificate of release in his favor, which shall entitle him to final release and discharge.
[ibid.] In such case, the Board shall file with the court which passed judgment on the case and
with the Chief of Constabulary, a certified copy of each order of conditional or final release
and discharge. [Sec. 7, ibid.]

VIOLATION OF PAROLE
Whenever any prisoner released on parole violate any of the conditions of his parole
during the period of surveillance, the Board of Indeterminate Sentence may issue an order for
his re-arrest, which may be served in any part of the Philippines by any police officer. The
prisoner re-arrested shall serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison. However, the Board may, in its discretion, grant
a new parole to the said prisoner. [Sec. 8, ibid.]

ON SECTIONS 9 AND 10
Section 9 of Act No. 4103, as amended, provides that:
Nothing in this Act shall be construed to impair or interfere with
the powers of the Governor-General as set forth in Section 64(i)
of the Revised Administrative Act or the Act of Congress
approved August 29, 1916 entitled An Act to Declare the

Purpose of the People of the United States as to the Future

Political Status of the People of the Philippine Islands, and to
Provide a More Autonomous Government for those Islands.

Section 10 of the same Act provide that:

Whenever any prisoner shall be released on parole hereunder he
shall be entitled to receive the benefits provided in Section 1751
of the Revised Administrative Code.

These two Sections pertain to the Revised Administrative Code of 1917 which was
later on superseded by the Administrative Code of 1987. The provisions cited in the two
aforementioned provisions are as follows:

SECTION 64. xxxxxxx

(i) To grant to convicted persons reprieves or pardons, either
plenary or partial, conditional, or unconditional; to suspend
sentences without pardon, remit fines, and order the discharge of
any convicted person upon parole, subject to such conditions as
he may impose; and to authorize the arrest and re-incarceration of
any such person who, in his judgment, shall fail to comply with
the condition, or conditions, of his pardon, parole, or suspension
of sentence. xxxxxx

SECTION 1751. Transportation and Clothes for Released

Prisoner. Upon the release of (an insular) a national prisoner he
shall be supplied by the Bureau of Prisons with transportation to
his home, including a gratuity to cover the probable cost of
subsistence en route, and if necessary, a suit of clothes of the
value of not more than ten pesos, or in case the prisoner is
deported, of not more than forty pesos.

Inasmuch as the Administrative Code of 1987 has effectively repealed the Revised
Administrative Code of 1987, the authors believe that Sections 9 and 10 of Act No. 4103 is
no longer effective.

BIBLIOGRAPHY

An Act to Provide for an Indeterminate Sentence and Parole for All Persons
Convicted of Certain Crimes by the Courts of the Philippine Islands; To Create a
Board of Indeterminate Sentence And To Provide Funds Therefor And For Other
Purposes, Act No. 4103, as amended by Act No. 4225 and Act No. 4203 (1933).

A. Estrada, Criminal Law Book I of the Revised Penal Code 309-331 (1st Ed. 2008).

L. Reyes, The Revised Penal Code Book One 772-794 (17th Ed. 2008).