Indeterminate Sentence Law Page 1 of 5

OUTLINING THE INDETERMINATE SENTENCE LAW

(R.A. No. 4103, effective Dec. 5, 1933)

A. Purpose

 To uplift and redeem valuable human material, and prevent unnecessary and
excessive deprivation of liberty and economic usefulness. Penalties shall not be
standardized but fitted as far as is possible to the individual, with due regard to the
imperative necessity of protecting the social order. (People v. Ducosin, 59 Phil 109)

B. Coverage

1. GENERAL RULE: All persons convicted of certain crimes under Philippine

courts

2. EXCEPTIONS (Sec. 2): Law will NOT apply to persons

(1) Convicted of offense punishable with death penalty or life

imprisonment

(2) Whose maximum term of imprisonment does not exceed one

year

(3) Convicted of treason, conspiracy or proposal to commit

treason, misprision of treason

(4) Convicted of rebellion, sedition, espionage,

(5) Convicted of piracy

(6) Who are habitual delinquents

(7) Who escaped confinement OR evaded sentence OR violated

the terms of a conditional pardon

(8) Persons already sentenced by final judgment at the time

this Act was approved (Dec. 5, 1933)

C. Rules for Application

RECALL distinctions: (1) Penalty PRESCRIBED (by RPC or special law)

(2) Penalty IMPOSABLE (after taking circumstances into
account)
(3) Penalty IMPOSED (after applying all rules under RPC and
the Indeterminate Sentence Law)

If offense is punished by the RPC If offense is punished by a special

law
MAXIMUM term: maximum penalty MAXIMUM term: shall not exceed the
imposable after taking attending maximum term prescribed by the
circumstances into account special law
MINIMUM term: range of penalty MINIMUM term: shall not be less than
next lower to penalty prescribed the minimum term prescribed by the
special law

Formula for easy reference:

OffenseRPC = Min (next lower to prescribed) to Max (imposable)

OffenseSPECIAL = Min (at least that prescribed) to Max (not exceed prescribed)
 1. Procedure when the crime is punished by the RPC

(1) Derive MAXIMUM term imposable by applying rules for

aggravating (AC) and ordinary mitigating circumstances (MC) under Art. 64 and for
complex crimes under Art. 48.

1) No AC or MC: Penalty PRESCRIBEDMEDIUM period

2) 1 AC, no MC: Penalty PRESCRIBEDMAXIMUM period

3) No AC, 1 MC: Penalty PRESCRIBEDMINIMUM period

4) Several ACs and MCs: OFFSET then apply rules to remainder

5) No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO

THAT PRESCRIBED

6) If COMPLEX CRIME (2 or more grave or less grave felonies OR

one offense is a necessary means for committing the other):
Penalty for the MOST SERIOUS CRIMEMAXIMUM PERIOD

(2) Derive MINIMUM term by getting the penalty one degree lower
than the penalty prescribed by the RPC, without regard to its three periods. The court
has discretion to fix as the minimum term any period of imprisonment within that
penalty next lower to the penalty prescribed.

• EXCEPTION: WHEN THERE IS A PRIVILEGED

MITIGATING CIRCUMSTANCE, do NOT follow the aforementioned rule.
Consider the privileged mitigating circumstance FIRST before any AC or
MC to get the PENALTY PRESCRIBED and then proceed as required by the
rule on deriving the minimum term. Otherwise, the maximum of the IS
Law will end up being lower than the minimum of the IS Law.

To illustrate, note the following comparisons:

CRIME, circumstances, and Following the ‘regular’ Applying the Exception

penalty prescribed procedure for deriving the with respect to the
minimum and maximum minimum term
term
1. Homicide (Art. 249): 1. Penalty prescribed: 1. Penalty prescribed:
reclusion temporal reclusion temporal reclusion temporal
2. Committed by a 2. For MAXIMUM term: 2. For MAXIMUM term,
person 9-15 years Ordinarily, reclusion take the privileged
old with discernment temporal medium. mitigating
(Art. 68 mandates However: given circumstance into
that the penalty to the privileged account: prision
be imposed should mitigating correccional
be two degrees circumstance, the
lower than the
3. For MINIMUM term,
penalty 2 degrees get the NEW
penalty prescribed) lower is prision ‘penalty
3. No other mitigating correccional prescribed’ first by
or aggravating
circumstance
3. For MINIMUM term: applying the
prision mayor privileged
medium mitigating
4. The absurd circumstance
result of the (prision
application: correctional
medium). Then get
The penalty the penalty one
IMPOSABLE is within degree lower from
the Maximum term of the NEW penalty
PRISION prescribed: arresto
CORRECCIONAL and mayor medium
the Minimum term of
 PRISION MAYOR The penalty
MEDIUM. IMPOSABLE is within
the Maximum term of
PRISION
CORRECCIONAL and
the Minimum term of
ARRESTO MAYOR
MEDIUM.

NOTE: this solution is

permitted because
the ISLAW is
predicated on
ordinary mitigating
and generic
aggravating
circumstances only.

(3) Some sample solutions for different permutations under Art. 64

and 48

Table 1:
CRIME, circumstances, and penalty Application of the IS Law
prescribed
1. Homicide (Art. 249): reclusion 1. Maximum term: reclusion
temporal temporal medium
2. No MC or AC 2. Minimum term: prision mayor

Table 2:
CRIME, circumstances, and penalty Application of the IS Law
prescribed
1. Homicide (Art. 249): reclusion 1. Maximum term: reclusion
temporal temporal minimum
2. Mitigating circumstance of plea of 2. Minimum term: prision mayor
guilt, No AC

Table 3:
CRIME, circumstances, and penalty Application of the IS Law
prescribed
1. Homicide (Art. 249): reclusion 1. Maximum term: reclusion
temporal temporal maximum
2. Aggravating circumstance of 2. Minimum term: prision mayor
recidivism, No MC

Table 4:
CRIME, circumstances, and penalty Application of the IS Law
prescribed
1. Homicide (Art. 249): reclusion
temporal
2. Aggravating circumstance of FOLLOW TABLE 2 PROCEDURE
nighttime
3. Mitigating circumstances of
voluntary surrender and plea of
guilt
4. OFFSETTING the MCs with the AC
would yield one MC

Table 5:
CRIME, circumstances, and penalty Application of the IS Law
prescribed
1. Complex crime of frustrated 1. Maximum term: prision mayor
homicide with assault upon an maximum
 agent of a person in authority (Arts.
249, 6, 148, and 48) 2. Minimum term: prision
correctional
Penalty for frustrated homicide: (one
degree lower from reclusion temporal)
prision mayor
Penalty for assault: prision correccional
in its medium and maximum periods

Penalty for the complex crime: PRISION

MAYOR (penalty for the graver offense)

2. No MCs or Acs

2. Procedure when the crime is punished by a special law

(1) MAXIMUM TERM: Court may fix any as long as it does not exceed the
penalty prescribed by the special law

(2) MINIMUM TERM: Court has discretion so long as it does not exceed the
minimum prescribed by the special law

(3) Example: for the crime of illegal possession of firearms, not used for
rebellion or sedition, the IS Law range is anywhere between 1-5 years.

D. Institutions involved

1. BOARD OF PARDONS AND PAROLE

(1) Composition: Secretary of Justice (Chairman) and 4 members to

be appointed by the President (with the consent of the Commission on Appointments)
under 6 year terms. Board members should include a trained sociologist,
clergyman/educator, psychiatrist. At least one member should be a woman.

(2) Compensation: 50 pesos for each meeting actually attended

and reimbursement for actual and necessary traveling expenses incurred. Maximum
of 3 board meetings per week.

(3) Powers and functions

1) Authorized to adopt rules and regulations necessary to carry

out its functions
2) Can call upon any bureau, office, branch, subdivision,
agency, or Government instrumentality for assistance in the performance of its
functions

3) Decisions will be arrived at by MAJORITY VOTE. A quorum

will be constituted by a MAJORITY. Dissent from the majority opinion will be
reduced to writing and filed with the records of the proceedings.

2. BOARD OF INDETERMINATE SENTENCE

(1) Powers and functions

1) Look into the physical, mental, and moral record of the

prisoners who shall be eligible for parole to determine proper time of release of
such prisoners

2) When a prisoner has served the minimum penalty

imposed, the Board may authorize release of the prisoner on parole:

a) Based on reports of the prisoner’s work and conduct,

it is shown that the prisoner is fitted by his training for release
b) There is a reasonable probability that such prisoner
will live and remain at liberty without violating the law
 c) Release will not be incompatible with the welfare of
society

(2) Procedure for release of prisoner

1) Board must file with the court which passed judgment on the
case and with the PNP Chief a certified copy of each order of conditional or
final release and discharge.
2) Prisoner released may be designated specific conditions as
to his parole, and required to report personally to such government officials or
other parole officers appointed by the Board for a period of SURVEILLANCE
equivalent to the remaining portion of the maximum sentence imposed upon
him OR until final release and discharge by the Board.
3) Designated parole officers shall keep records and reports
required by the Board.
4) Board may fix the limits on the residence of the paroled
prisoner or change it from time to time. If during the period of surveillance the
prisoner shows himself to be a law-abiding citizen and shall NOT violate any
laws, the Board may issue a final certificate of release and discharge.
5) If prisoner violates any of the conditions of his parole, the
Board may issue an order for re-arrest of the prisoner. The prisoner re-
arrested shall serve the remaining unexpired portion of the maximum sentence
for which he was originally committed to prison, unless the Board grants him
new parole.