ISLAW

LECTURE NOTES
by: Atty. Sed A. Cabangon
Another area where the doctrine of pro reo finds application (leniency in
punishment) is the Indeterminate Sentence Law, covered under Article 77, RPC.
The purpose of Indeterminate Sentence Law is to uplift and redeem valuable

human material, and prevent unnecessary and excessive deprivation of personal
liberty and economic usefulness. (People vs Ducosin, 59 Phil. 109).
How is this done? The indeterminate Sentence Law provides for an

imprisonment sentence that has a minimum and a maximum.
Example: The convict is sentenced to suffer the penalty of 10 years and 1

day of Prision Mayor, as minimum, to 17 years and 4 months of Reclusion
Temporal, as maximum. After the prisoner serves the minimum sentence (10
years), he may be RELEASED ON PAROLE. Laya na siya. Hindi na nya itutuloy
and kulang up to 7 years maximum. Once released on parole --- provided nagbait
siya --- he will no longer serve the remainder of the sentence (7 years pa). The
Indeterminate Sentence Law encourages the prisoner to reform. It shortens his term
of imprisonment.
However, Indeterminate Sentence Law is not applicable to persons convicted of

offenses punished with death penalty or life imprisonment; treason (Art 114).
Rebellion (Art. 134); piracy (Art 122); habitual delinquents (Art. 62 par. 5);
escapes (Art. 157); those whose imprisonment does not exceed 1 year; those
sentenced to destierro or suspension because it does not involve imprisonment.
Please note the exceptions.
Problem: A court convicts the accused and imposes a penalty of 6 months

as minimum, to 10 months as maximum. The court applied the Indeterminate
Sentence Law. Is the court correct? NO, because the Indeterminate Sentence Law
does not apply when the penalty does not exceed 1 year. The court however, may
impose a straight penalty of 1 year. Walang minimum. Walang maximum.
Another law that follows the pro reo principle is the law on Probation.
What is Probation?
It is a court-imposed criminal sentence that, subject to stated condition,

releases a convicted person into the community instead of sending the criminal to
prison. (Black's Law Dictionary)
Probation is granted to "penitent offenders" who are willing to be

reformed and rehabilitated.
How does it operate? If the convicted person is sentenced to serve a

maximum term of imprisonment of 6 years (not 6 years and 1 day) or fine only, he
may apply for probation within the 15-day period for perfecting an appeal. Either
the convict files an appeal within 15 days or chooses to apply for probation.
If he elects to file a probation, his imprisonment is suspended. Meaning,

hindi siya makukulong. Laya siya. He will go to the Probation Office and submit
himself to the jurisdiction of the probation officers who will ask him to do
community service like, planting trees, etc.
If he applies for probation, he cannot appeal his conviction. If he appeals,

he cannot file for probation. Pipili lang siya.
Probation and appeal are mutually exclusive remedies. Probation is a mere

privilege granted to offenders. It cannot be availed of when an offender perfected
his appeal from the judgment of conviction (Dimakuta vs. People, Oct. 20, 2015)
This is precisely to put a stop to the practice of appealing from judgment of

conviction even if the sentence is probationable, for the purpose of securing an
acquittal and applying for probation only if the accused fails in his appeal. This
prevents the element of speculation on the part of the accused to wager on the
result of his appeal.
If granted, when will the probation last? Or up to when shall the convict
probationer plant trees? The period of probation of a defendant sentenced to a
term of imprisonment of not more than one year shall not exceed 2 years, and in all
other cases, said period shall not exceed 6 years. (sec. 14 (a) Probation Law of
1976) So, kung 1 year lang ang sentence, the period of probation ay puwedeng 1
year, or 1 year and 11 months.
What happens if the defendant violates the condition of his probation yet
pumaso na or tapos na yong period of probation? Can he arrested and thus serve
his full sentence kahit tapos na yong probation period? YES. The expiration of
probation period alone does not automatically terminate the probation. A final
Order of Discharge from the court is required. Probation is not co-terminous with
its period. There must first be issued by the court an Order of Final Discharged
based on the recommendation of the probation officer. (Bala v. Martinez, G.R. No.
67301, Jan, 29, 1990).

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LECTURE NOTES

by: Atty. Sed A. Cabangon

The purpose of Indeterminate Sentence Law is to uplift and redeem valuable

How is this done? The indeterminate Sentence Law provides for an

Example: The convict is sentenced to suffer the penalty of 10 years and 1

However, Indeterminate Sentence Law is not applicable to persons convicted of

Please note the exceptions.

Problem: A court convicts the accused and imposes a penalty of 6 months

It is a court-imposed criminal sentence that, subject to stated condition,

Probation is granted to "penitent offenders" who are willing to be

How does it operate? If the convicted person is sentenced to serve a

If he elects to file a probation, his imprisonment is suspended. Meaning,

If he applies for probation, he cannot appeal his conviction. If he appeals,

Probation and appeal are mutually exclusive remedies. Probation is a mere

This is precisely to put a stop to the practice of appealing from judgment of

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