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The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the
following exceptions:
4. if convicted of piracy
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 (important!)
9. if convicted by final judgement at the time of the effectivity of Act No. 4103
ISLAW applies to offenses punished by Special Law and Revised Penal Code.
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)
Application of ISLAW:
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: 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?
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.
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 your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.
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.
1. Age
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.
It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which period? It shall
be discretionary upon the court.
(More examples)
3 mitigating, NO aggravating
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 correctional in the medium period (2 privileged circumstance. Thus we lower
by 2 degrees)
5 mitigating, NO aggravating
At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance and NO
aggravating:
A complex crime is punished by the most serious offense and shall be imposed in its maximum period.
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 correctional.
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
correctional, any period.
Suppose there was 1 mitigating circumstance proven. Maximum penalty would 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.
The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by one degree but still
place it at the maximum period. Thus, the maximum penalty shall be prision correctional in the
maximum period.
4 mitigating, NO aggravating