Indeterminate Sentence Law It is anything within the inclusive range of the

Act No. 4103, as Amended prescribed penalty. Courts are given discretion in the
imposition of the indeterminate penalty. The
aggravating and mitigating circumstances are not
The Indeterminate Sentence Law modifies the imposition
considered unless the special law adopts the same
of penalties under both the Revised Penal Code and
terminology for penalties as those used in the
special laws, and is based on the penalty actually
Revised Penal Code (such as reclusin perpetua
imposed.
and the like).
It applies only when the penalty served is imprisonment.
It is intended to favor the accused particularly to shorten
Note: In case the penalty comes from the result of a
his term of imprisonment, depending upon his behavior
plea-bargaining, the minimum penalty will be the one
and his physical, mental, and moral record as a prisoner
lower than that of the downgraded offense.
to be determined by the Board of Indeterminate
Sentence.
Reasons for Fixing the Maximum and Minimum
Terms in the Indeterminate Sentence:
Purposes of the Law:
The minimum and maximum terms in the Indeterminate
1.) Promote the prisoner's reformation by allowing him
Sentence must be fixed, because they are the basis for
to serve sentence under a parole officer.
the following:
2.) Decongest the jails by allowing prisoners to be
1. Whenever a prisoner has:
admitted into parole.
(a) served the MINIMUM penalty imposed on him,
3.) Allow the government to save money on
and
maintaining the jails.
(b) is fit for release of the prisoner on parole, upon
4.) Prevent the prisoners' economic usefulness from
terms and conditions prescribed by the Board.
going to waste.
2. But when the paroled prisoner violates any of the
conditions of his parole during the period of
Application on the Imposed Sentence: surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
1. Under the Revised Penal Code, or its amendments sentence.
The court shall sentence the accused to an 3. Even if a prisoner has already served the MINIMUM,
indeterminate sentence the maximum term of which but he is not fitted for release on the parole, he shall
shall be that which, in view of the attending continue to serve until the end of the MAXIMUM
circumstances, could be properly imposed under the term.
rules of the said Code, and the minimum which shall
be within the range of the penalty next lower to that
prescribed by the Code for the offense. The maximum penalty is necessary for the imposition of
The maximum is the penalty imposed as provided by accessory penalties while the minimum penalty is
law, depending upon the attending circumstances. important to allow the prisoner the chance for parole. In
The minimum is one degree next lower to the short, he is given a chance to redeem himself.
penalty prescribed for the offense. The latter is
determined without considering the attending Once the minimum term is served, the prisoner becomes
circumstances to the penalty prescribed, and is left eligible for parole if he proves that he has complied with
to the discretion of the court. (People vs. Yco, G.R. the conditions imposed on him when he was made to
No. L-6545, July 27, 1954) serve sentence.

Example: Homicide with one mitigating

circumstance. Coverage:
The maximum penalty prescribed by law is reclusion The Indeterminate Sentence Law is mandatory in all
temporal. Since there is one mitigating and no cases, EXCEPT if the accused will fall in any of the
aggravating it will be in the minimum or reclusion following exceptions:
temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion 1. Those sentenced to death penalty, reclusion
temporal without considering the mitigating perpetua, or life imprisonment.
circumstance and that will be prision mayor. The 2. Those convicted of treason, conspiracy and
range of prision mayor will depend upon the proposal to commit treason, misprision of treason,
discretion of the court. Therefore, the indeterminate espionage, or piracy.
penalty is a minimum of prision mayor (within the
range fixed by the court) to a maximum of reclusion 3. Those convicted of rebellion or sedition.
temporal minimum period. 4. Those who are habitual delinquents.
5. Those who have escaped from confinement, or
2. Under Special Laws evaded sentence.

If the offense is punished by any other law, the court 6. Those who having granted conditional pardon by
shall sentence the accused to an indeterminate the President shall have violated the terms thereof.
sentence, the maximum term of which shall not 7. Those who are sentenced to prison terms of not
exceed the maximum fixed by said law and the more than one (1) year.
minimum shall not be less than the minimum term
prescribed by the same. 8. Those already serving final judgment upon the
approval of this Act.
9. Those who are sentenced to the penalty of The maximum penalty under the Indeterminate
destierro, disqualification or suspension only. Sentence Law is reclusion temporal. But reclusion
temporal is a divisible penalty consisting of maximum,
medium and minimum periods. Which period will we
Indeterminate sentence is mandatory where place the maximum term of the Indeterminate Sentence?
imprisonment would exceed one year.
Guide for determining the maximum penalty:
A person who violated the Dangerous Drugs Act can
qualify for indeterminate sentence if the maximum 1. Determine the entire range of the penalty.
penalty he is facing is not life imprisonment. 2. Determine if there is mitigating or aggravating
circumstance.
The settled practice is to give the accused the benefit of
the law even in crimes punishable with death or life
imprisonment provided the resulting penalty, after Which period will the maximum penalty be placed?
considering the attending circumstances, is reclusion
temporal or less. (People vs. Cempron, 187 SCRA 278) Pursuant to Article 64 of the Revised Penal
Code, when there is no mitigating and no
aggravating circumstance, it should be placed
at the medium period.
Conditions of Parole Thus, the maximum penalty for the example
above is reclusion temporal in the medium
Every prisoner released from confinement on parole by period.
virtue of this Act shall report personally to such
government officials or other parole officers. What is the minimum penalty now?

The limits of residence of such paroled prisoner during In getting the minimum penalty, the rule is to
his parole may be fixed and from time to time changed simply get the penalty one (1) degree lower from
by the said Board in its discretion. the maximum penalty without taking into account
the mitigating and aggravating circumstance.
If during the period of surveillance such paroled prisoner
shall show himself to be a law-abiding citizen and shall Thus, the penalty one degree lower from
not violate any of the laws of the Philippine Islands, the reclusion temporal, without taking into account
Board of Indeterminate Sentence may issue a final any mitigating or aggravating circumstance, is
certificate of release in his favor, which shall entitle him prision mayor. Prision mayor is now the
to final release and discharge. minimum penalty for our example.

Important: If the maximum penalty is wrong, it

Sanction for Violation of Conditions of the Parole: follows that the minimum penalty will also be wrong.
When the paroled prisoner shall violate any of the
conditions of his parole: Again, prision mayor is a divisible penalty. Which
period can it be placed?
(a) the Board may issue an order for his arrest, and
thereafter, Under the Indeterminate Sentence Law, it would
depend upon the discretion of the court on which
(b) the prisoner shall serve the remaining unexpired period to place it. Thus, the minimum penalty is
portion of the maximum sentence for which he was prision mayor in any of its period.
originally committed to prison.

Factors that could affect the imposition of minimum

Examples and Illustrations on the Application of penalty:
ISLAW: 1. Age
How to get maximum and minimum penalty in Special 2. Conduct during trial
Law:
3. Mental or physical condition
1. The maximum penalty should NOT exceed the
maximum provided for by that law.
Suppose in the example above, 1 aggravating
2. The minimum penalty should NOT fall below the
circumstance was proven. What is now the maximum
minimum provided by the law.
penalty?
It would still be reclusion temporal, but it shall be
Example: Penalty is one year to 5 years. placed in the maximum period because of the
presence of 1 aggravating circumstance.
Indeterminate sentence may be one year to 3 years or 3
years to 5 years. How about the minimum penalty?
It would still be 1 degree lower from reclusion
temporal, which is prision mayor. In which
How to get maximum and minimum penalty in Revised period? It shall be discretionary upon the court.
Penal Code:
Some More Illustrations:
Example: In the crime of homicide, under the Revised
Penal Code, the offender is sentenced to reclusion 1 mitigating but NO aggravating
temporal. maximum penalty: reclusion temporal in the minimum
period
minimum penalty: prision mayor in any period
2 mitigating, NO aggravating (privileged mitigating) The rule is, if it is a privileged mitigating circumstance,
maximum penalty: prision mayor in the medium period we lower the penalty by one degree but still place it at
minimum penalty: prision correccional any period the maximum period. Thus, the maximum penalty shall
be prision correccional in the maximum period.
The preceding example is an exception to the rule. If
there is a privileged mitigating circumstance, we take it 4 mitigating, NO aggravating
into account first in order to obtain the proper maximum maximum penalty: arresto mayor in its maximum period
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 Case: People vs. Campuhan, G.R. No. 129433, March
penalty. 30, 2000
The penalty for attempted rape is two (2) degrees lower
Remember: It will never become a privileged mitigating
than the imposable penalty of death for the offense
circumstance if there is an aggravating circumstance
charged, which is statutory rape of a minor below seven
present. 8 mitigating and 1aggravating will never
(7) years.
become privileged mitigating circumstance.
Two (2) degrees lower is reclusion temporal, the range
3 mitigating, NO aggravating of which is twelve (12) years and one (1) day to twenty
maximum penalty: prision mayor in the minimum period (20) years.
minimum penalty: prision correccional any period
Applying the Indeterminate Sentence Law, and in the
In the preceding example, there are 3 mitigating absence of any mitigating or aggravating circumstance,
circumstance present and no aggravating circumstance. the maximum of the penalty to be imposed upon the
The first two mitigating circumstance shall be a accused shall be taken from the medium period
privileged mitigating circumstance. Thus, the penalty will of reclusion temporal, the range of which is fourteen (14)
be reduced by 1 degree from reclusion temporal to years, eight (8) months and (1) day to seventeen (17)
prision mayor. The 3rd mitigating circumstance shall years and four (4) months, while the minimum shall be
place the penalty in the minimum period. taken from the penalty next lower in degree, which is
prision mayor, the range of which is from six (6) years
4 mitigating, NO aggravating and one (1) day to twelve (12) years, in any of its
maximum penalty: prision correccional in the medium periods.
period
(2 privileged circumstance. Thus we lower by 2 degrees)
minimum penalty: arresto mayor any period

5 mitigating, NO aggravating
maximum penalty: prision correccional 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 correccional 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 correccional.
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 correccional,
any period.
Suppose there was 1 mitigating circumstance proven.
Maximum penalty would still be prision mayor in the
maximum period.
Pursuant to Article 48 of the Revised Penal Code, even if
there is a mitigating circumstance present, it should still
be imposed at the maximum period.
How about if there are 2 mitigating circumstance and no
aggravating?