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    Indeterminate Sentence Law Reviewer

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    Carl Marx Fernandez
    The document discusses the Indeterminate Sentence Law in the Philippines. It aims to shorten imprisonment terms to avoid prolonged detention that is more destructive than constructive for offenders. The law requires courts to impose sentences with both minimum and maximum terms. For crimes under the Revised Penal Code, the maximum considers aggravating/mitigating circumstances while the minimum is one degree lower. For special laws, courts have discretion over minimum and maximum terms within statutory ranges. The law does not apply to certain offenses or habitual offenders.

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    Indeterminate Sentence Law Reviewer

    Uploaded by

    Carl Marx Fernandez
    2K views7 pages
    The document discusses the Indeterminate Sentence Law in the Philippines. It aims to shorten imprisonment terms to avoid prolonged detention that is more destructive than constructive for offenders. The law requires courts to impose sentences with both minimum and maximum terms. For crimes under the Revised Penal Code, the maximum considers aggravating/mitigating circumstances while the minimum is one degree lower. For special laws, courts have discretion over minimum and maximum terms within statutory ranges. The law does not apply to certain offenses or habitual offenders.

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    Indeterminate Sentence Law Reviewer

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    The document discusses the Indeterminate Sentence Law in the Philippines. It aims to shorten imprisonment terms to avoid prolonged detention that is more destructive than constructive for offenders. The law requires courts to impose sentences with both minimum and maximum terms. For crimes under the Revised Penal Code, the maximum considers aggravating/mitigating circumstances while the minimum is one degree lower. For special laws, courts have discretion over minimum and maximum terms within statutory ranges. The law does not apply to certain offenses or habitual offenders.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views7 pages

    Indeterminate Sentence Law Reviewer

    Uploaded by

    Carl Marx Fernandez
    The document discusses the Indeterminate Sentence Law in the Philippines. It aims to shorten imprisonment terms to avoid prolonged detention that is more destructive than constructive for offenders. The law requires courts to impose sentences with both minimum and maximum terms. For crimes under the Revised Penal Code, the maximum considers aggravating/mitigating circumstances while the minimum is one degree lower. For special laws, courts have discretion over minimum and maximum terms within statutory ranges. The law does not apply to certain offenses or habitual offenders.

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    © All Rights Reserved
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    Indeterminate Sentence Law reviewer

    Act No. 4013 (Indeterminate Sentence Law), as amended

    Three things to know about the Indeterminate Sentence Law:

    (1) Its purpose;

    (2) Instances when it does not apply; and

    (3) How it operates

    Indeterminate Sentence Law governs whether the crime is punishable under the
    Revised Penal Code or a special Law. It is not limited to violations of the Revised
    Penal Code.

    It applies only when the penalty served is imprisonment. If not by imprisonment, then
    it does not apply.

    Purpose

    The purpose of the Indeterminate Sentence law is to avoid prolonged imprisonment,


    because it is proven to be more destructive than constructive to the offender. So, the
    purpose of the Indeterminate Sentence Law in shortening the possible detention of the
    convict in jail is to save valuable human resources. In other words, if the valuable
    human resources were allowed prolonged confinement in jail, they would
    deteriorate. Purpose is to preserve economic usefulness for these people for having
    committed a crime -- to reform them rather than to deteriorate them and, at the same
    time, saving the government expenses of maintaining the convicts on a prolonged
    confinement in jail.

    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.

    Rule under Art 64 shall apply in determining the maximum but not in determining the
    minimum.

    In determining the applicable penalty according to the Indeterminate Sentence Law,


    there is no need to mention the number of years, months and days; it is enough that
    the name of the penalty is mentioned while the Indeterminate Sentence Law is
    applied. To fix the minimum and the maximum of the sentence, penalty under the
    Revised Penal Code is not the penalty to be imposed by court because the court must
    apply the Indeterminate Sentence Law. The attendant mitigating and/or aggravating
    circumstances in the commission of the crime are taken into consideration only when
    the maximum of the penalty is to be fixed. But in so far as the minimum is concerned,
    the basis of the penalty prescribed by the Revised Penal Code, and go one degree
    lower than that. But penalty one degree lower shall be applied in the same manner
    that the maximum is also fixed based only on ordinary mitigating circumstances. This
    is true only if the mitigating circumstance taken into account is only an ordinary
    mitigating circumstance. If the mitigating circumstance is privileged, you cannot
    follow the law in so far as fixing the minimum of the indeterminate sentence is
    concerned; otherwise, it may happen that the maximum of the indeterminate sentence
    is lower than its minimum.

    In one Supreme Court ruling, it was held that for purposes of applying the
    Indeterminate Sentence Law, the penalty prescribed by the Revised Penal Code and
    not that which may be imposed by court. This ruling, however, is obviously
    erroneous. This is so because such an interpretation runs contrary to the rule of pro
    reo, which provides that the penal laws should always be construed an applied in a
    manner liberal or lenient to the offender. Therefore, the rule is, in applying the
    Indeterminate Sentence Law, it is that penalty arrived at by the court after applying
    the mitigating and aggravating circumstances that should be the basis.

    Crimes punished under special law carry only one penalty; there are no degree or
    periods. Moreover, crimes under special law do not consider mitigating or
    aggravating circumstance present in the commission of the crime. So in the case of
    statutory offense, no mitigating and no aggravating circumstances will be taken into
    account. Just the same, courts are required in imposing the penalty upon the offender
    to fix a minimum that the convict should serve, and to set a maximum as the limit of
    that sentence. Under the law, when the crime is punished under a special law, the
    court may fix any penalty as the maximum without exceeding the penalty prescribed
    by special law for the crime committed. In the same manner, courts are given
    discretion to fix a minimum anywhere within the range of the penalty prescribed by
    special law, as long as it will not be lower than the penalty prescribed.

    Disqualification may be divided into three, according to –

    (1) The time committed;

    (2) The penalty imposed; and

    (3) The offender involved.

    The Indeterminate Sentence Law shall not apply to:

    (1) Persons convicted of offense punishable with death penalty or life


    imprisonment;

    (2) Persons convicted of treason, conspiracy or proposal to commit treason;

    (3) Persons convicted of misprision of treason, rebellion, sedition, espionage;

    (4) Persons convicted of piracy;

    (5) Persons who are habitual delinquents;

    (6) Persons who shall have escaped from confinement or evaded sentence;
    (7) Those who have been granted conditional pardon by the Chief Executive and
    shall have violated the term thereto;

    (8) Those whose maximum term of imprisonment does not exceed one year, but
    not to those already sentenced by final judgment at the time of the approval of
    Indeterminate Sentence Law.

    Although the penalty prescribed for the felony committed is death or reclusion
    perpetua, if after considering the attendant circumstances, the imposable penalty is
    reclusion temporal or less, the Indeterminate Sentence Law applies (People v.
    Cempron, 187 SCRA 278).

    The purpose of the law is to uplift and redeem valuable human material and prevent
    unnecessary and excessive deprivation of personal liberty and economic usefulness.
    (People v. Onate, 78 SCRA 43) As a rule, it is intended to favor the accused
    particularly to shorten his term of imprisonment, depending upon his behavior and his
    physical, mental, and moral record as a prisoner to be determined by the Board of
    Indeterminate Sentence.
    Indeterminate sentence is a sentence with a minimum term and a maximum benefit of
    a guilty person, who is not disqualified therefore, when the maximum penalty of
    imprisonment exceeds one year. It applies to both violations of the RPC and special
    laws.

    COVERAGE:

    1. Revised Penal Code


    The court shall sentence the accused to an indeterminate
    sentence the MAXIMUM TERM of which shall be that which, in view of the
    attending circumstances, could be properly imposed under the Code, and the
    MINIMUM TERM which shall be within the range of the penalty next lower in
    degree to that prescribed by the Code for the offense.

    The maximum is the penalty imposed as provided by law, depending upon the
    attending circumstances. The minimum is one degree next lower to the penalty
    prescribed for the offense. The latter is determined without considering the attending
    circumstances to the penalty prescribed, and is left to the discretion of the court.
    (People v. Yco, 6545, July 27, 1954)
    Example: Homicide with one mitigating circumstance. The maximum penalty
    prescribed by law is Reclusion temporal. Since there is one mitigating and no
    aggravating it will be in the minimum or reclusion temporal minimum period. On the
    other hand, the minimum is one degree next lower to reclusion temporal without
    considering the mitigating circumstance and that will be prision mayor. The range of
    prision mayor will depend upon the discretion of the court. Therefore, the
    indeterminate penalty is a minimum of prision mayor (within the range fixed by the
    court) to a maximum of reclusion temporal minimum period.

    2. Special Law

    The court shall sentence the accused to an indeterminate sentence, the


    MAXIMUM TERM of which shall not exceed the maximum fixed by said law and
    the minimum shall not be less than the MINIMUM TERM prescribed by the
    same. (Q11, 1994 Bar)
    Example: Penalty is one year to 5 years. Indeterminate sentence may be one year to
    3 years or 3 years to 5 years.

    This act shall not apply to persons:


    1. Convicted of offenses punished with death or life imprisonment. (Q12, 1990 Bar)
    2. Those convicted of treason, conspiracy or proposal to commit treason, misprision
    of treason, rebellion, sedition or espionage, or piracy.
    3. Those who are habitual delinquents.
    Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla, 28547, Feb.
    22, 1974)
    4. Those who shall have escaped from confinement or evaded sentence.
    A minor who escaped from confinement in the reformatory is entitled to the benefits
    of the law because confinement is not considered imprisonment. (People v. Perez, 44
    OG 3884) (Q6, 1991 Bar)
    5. Those who having been granted conditional pardon by the President shall have
    violated the terms thereof.
    6. Those whose maximum period of imprisonment does not exceed one year. (Q8,
    1999 Bar)
    The application of which is based upon the penalty actually imposed in accordance
    with law. (People v. Hidalgo, 452, Jan. 22, 1962)
    7. Those already serving final judgment upon the approval of this Act (December 5,
    1933).
    8. Those sentenced to the penalty of destierro or suspension. (Q12, 1999 Bar)
    Whenever any prisoner who shall have served the minimum penalty imposed on him,
    said Board of Indeterminate Sentence may, in its discretion, and in accordance with
    the rules and regulations adopted thereunder, authorize the release of such prisoner
    on parole. If during the period of surveillance, such parolee shall show himself to be
    a law-abiding citizen and shall not violate any of the laws of the Philippines, the
    Board may issue a final certificate of release in his favor. Whenever any prisoner
    released on parole shall, during the period of surveillance, violate any of the
    conditions of his parole, the Board may issue an order for his re-arrest and shall serve
    the remaining unexpired portion of the maximum sentence.
    The application of the Indeterminate Sentence Law is mandatory if the imprisonment
    would exceed one year. It would be favorable to the accused. (People v. Judge
    German Lee, Jr., 86859, Sept. 12, 1984)

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