If the crime is a violation of the Revised Penal Code, the court will impose a sentence that has a minimum

and maximum .
The maximum of the indeterminate sentence will be arrived at by taking into account the attendant mitigating and/or
aggravating circumstances according to Article 64 of the Revised Penal Code. In arriving at the minimum of the
indeterminate sentence, the court will take into account the penalty prescribed for the crime and go one degree lower .
Within the range of one degree lower, the court will fix the minimum for the indeterminate sentence, and within the range
of the penalty arrived at as the maximum in the indeterminate sentence, the court will fix the maximum of the sentence. If
there is a privilege mitigating circumstance which has been taken in consideration in fixing the maximum of the
indeterminate sentence, the minimum shall be based on the penalty as reduced by the privilege mitigating circumstance
within the range of the penalty next lower in degree.

If the crime is a violation of a special law, in fixing the maximum of the indeterminate sentence, the court will impose
the penalty within the range of the penalty prescribed by the special law, as long as it will not exceed the limit of the
penalty. In fixing the minimum, the court can fix a penalty anywhere within the range of penalty prescribed by the special
law, as long as it will not be less than the minimum limit of the penalty under said law. No mitigating and aggravating
circumstances are taken into account.

The minimum and the maximum referred to in the Indeterminate Sentence Law are not periods. So, do not say,
maximum or minimum period. For the purposes of the indeterminate Sentence Law, use the term minimum to refer to
the duration of the sentence which the convict shall serve as a minimum, and when we say maximum, for purposes of
ISLAW, we refer to the maximum limit of the duration that the convict may be held in jail. We are not referring to any
period of the penalty as enumerated in Article 71.

Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when
found guilty of the crime charged. So, whenever the Indeterminate Sentence Law is applicable, there is always a
minimum and maximum of the sentence that the convict shall serve. If the crime is punished by the Revised Penal Code,
the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the
commission of the crime according to the proper rules of the Revised Penal Code. To fix the maximum, consider the
mitigating and aggravating circumstances according to the rules found in Article 64. This means

(1) Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or
aggravating circumstance;

(2) If there is aggravating circumstance, no mitigating, penalty shall be imposed in the maximum;

(3) If there is mitigating circumstance, no aggravating, penalty shall be in the minimum;

(4) If there are several mitigating and aggravating circumstances, they shall offset against each other. Whatever
remains, apply the rules.

(5) If there are two or more mitigating circumstance and no aggravating circumstance, penalty next lower in degree
shall be the one imposed.

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES

AND THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time included Time included Time included Time included

in the penalty in its minimum in its medium in its maximum
in its entirety period period period

Reclusion temporal From 12 years From 12 years and From 14 years, 8 From 17 years, 4
and 1 day to 1 day to 14 years months and 1 months and 1
20 years. and 8 months. day to 17 years day to 20 years.
and 4 months.

Prision mayor, abso- From 6 years From 6 years and 1 From 8 years and 1 From 10 years &
lute disqualification & 1 day to 12 years day to 8 years. day to 10 years. 1 day to 12 years.
and special temporary disqualification

Prision correccional From 6 months From 6 months and From 2 years, 4 From 4 years, 2
suspension and and 1 day to 1 day to 2 years months and 1 months and 1
destierro 6 years. and 4 months. day to 4 years day to 6 years.
and 2 months.

Arresto mayor From 1 month From 1 to 2 months. From 2 months From 4 months
and 1 day to 6 and 1 day to 4 and 1 day to 6
months. months. months.

Arresto menor From 1 to 30 From 1 to 10 days. From 11 to 20 From 21 to 30

days. days. days.