Notes on Philippine Laws

Saturday, October 26, 2013

Indeterminate Sentence Law (ISLAW): How to determine maximum and

minimum penalties
(Act no 4103 as amended)

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 1 year (important!)
9. if convicted by final judgement at the time of the effectivity of Act No. 4103
10. if penalized with suspension or distierro

If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW!

ISLAW applies to offenses punished by Special Law and Revised Penal Code.
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 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)

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.

How to get maximum and minimum penalty in Revised Penal Code:

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?

Guide for determining the maximum penalty:

1. Determine the entire range of the penalty
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 2. Determine if there is mitigating or aggravating circumstance

Which period will the maximum penalty be placed?

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.

What is the minimum penalty now?

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.

Again, prision mayor is a divisible penalty. Which period can it be placed?

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.

Factors that could affect the imposition of minimum penalty:

1. Age
2. Conduct during trial
3. Mental or physical condition

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.

How about the minimum penalty?

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 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)

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 exception to the rule. If there is a privileged mitigating circumstance, we take it into
account first in order to obtain the proper maximum penalty. Then, from that maximum penalty, we obtain the proper
minimum penalty by getting the penalty 1 degree lower. Same rule applies as to the period of the minimum penalty.

Remember: It will never become a privileged mitigating circumstance if there is an aggravating circumstance
present. 8 mitigating and 1 aggravating will never become privileged mitigating circumstance.

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 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.
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 4 mitigating, NO aggravating
maximum penalty: prision correctional in the medium period (2 privileged circumstance. 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. Thus, if there are 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 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
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 imposed at the maximum period.

How about if there are 2 mitigating circumstance and no aggravating?

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
maximum penalty: arresto mayor in its maximum period

gemendio at 4:24 AM

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