The Indeterminate Sentence Law Act No. 4103 As Amended by Act No. 4225

The Indeterminate Sentence Law
Act No. 4103 as amended by Act No. 4225

Purpose
• To uplift and redeem valuable human material.

• To prevent unnecessary and excessive deprivation of
personal liberty and economic usefulness.
• To individualize the administration of our criminal law.
Section 1.
• Hereafter, in imposing a prison sentence for an offense punished by the
Revised Penal Code, or its amendments, 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 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; and if the offense is punished by any other 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. (Act No. 4225)
• (People v Ducosin, 59 Phil 109, 117)
Computation of Sentence
• Special Law
- court shall sentence the accused to an indeterminate penalty, the
MAXIMUM term of which shall NOT EXCEED the maximum fixed by
said law and the MINIMUM term shall NOT BE LESS THAN minimum
prescribed by the same.
Example: DANGEROUS DRUGS ACT OF 2002; Sec. 5 – Penalty for
Brokers: penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years.
Maximum Term: must not exceed 20 years
Minimum Term: must not be less than 12 years and 1 day.
• Revised Penal Code
- court shall sentence the accused to an indeterminate penalty,

MAXIMUM term of WHICH SHALL BE THAT WHICH, in view of the
ATTENDING CIRCUMSTANCES, could be PROPERLY IMPOSED UNDER
THE RULES of the RPC, and the MINIMUM term of which shall be
WITHIN THE RANGE OF PENALTY NEXT LOWER TO THAT PRESCRIBED BY
THE CODE FOR THE OFFENSE.
Example: Frustrated Murder: Art. 248, Reclusion Temporal in its
maximum period to Death.
Maximum: Prision mayor in its maximum period
Minimum: Prision correctional, the period of which is upon the
discretion of the court.
Steps to determine the MAXIMUM TERM
1. Identify the imposed penalty in the RPC.
2. Determine the stage of crime. (Consummated, Frustrated,
Attempted)
Example: Art. 248: Reclusion Temporal in its maximum period to Death
Frustrated Murder
Frustrated Stage: penalty NEXT LOWER in DEGREE than that prescribed
by law for the consummated felony.
Attempted Stage: penalty LOWER BY TWO DEGREES than that

prescribed by law for the consummated felony.
3. Determining the PERIOD of Maximum
Term
• The mitigating or aggravating circumstances is required to be

considered only in the imposition of the MAXIMUM TERM of the
indeterminate sentence. (People v De Joya, 98 Phil 238,240)
1. Neither mitigating or aggravating circumstance attended the commission
of crime – MEDIUM PERIOD
2. 1 ORDINARY Mitigating Circumstance – MINIMUM PERIOD
3. 1 Aggravating Circumstance – MAXIMUM PERIOD
4. Both mitigating and aggravating circumstances are present -

OFFSETTING
5. Complex Crime – The penalty for the GRAVER OFFENSE, the same to
be applied in its maximum period.
(People v Dosal, 92 Phil 877)
6. Privileged Mitigating Circumstance – lower by 1 DEGREE.
EXAMPLE:
1. Crime: Frustrated Murder
Penalty in RPC for Murder: Art. 248: Reclusion Temporal in its
maximum period to Death
Stage of Crime: Frustrated
Circumstance: Plead of Guilty (1 Ordinary Mitigating Circumstance)
2. People v Maula, GR no. L-7191, Oct. 18, 1954
Crime: Homicide
Penalty in RPC: Art. 249: Reclusion Temporal
Circumstance: Minority; Incomplete Self-Defense; Voluntary Surrender
(2 Privileged Mitigating and 1 Ordinary)
Steps to determine the MINIMUM TERM
1. Identify the Maximum term. (ISLAW applied)
2. Determine the penalty NEXT LOWER in degree.
3. Period: “The period of which is upon the discretion of the court.”
Factors to be taken into consideration by the court in fixing the minimum penalty:
• Criminal as an individual : age; general health and physical conditions;

mentality, heredity, and personal habits; previous conduct, environment
and mode of life; previous education; proclivities and aptitudes for
usefulness or injury to society; demeanor during trial and his attitude
with regard to the crime committed; the manner and circumstances in
which the crime was committed; gravity of the offense.
• Criminal as a Member of Society
• The penalty next lower must be based on the penalty prescribed by the
Code for the offense, without considering in the meantime the modifying
circumstances, such as, the mitigating or aggravating circumstances.
(People v Gonzales, 73 Phil. 549, 552)
EXAMPLE
1. From example #1
Crime: Frustrated Murder
Maximum Term: Prision Mayor in its minimum period.
Period: “The period of which is upon the discretion of the court.”

2. People v Maula, GR no. L-7191, Oct. 18, 1954
Crime: Homicide
Maximum Term: Prision Correccional in its minimum period.
Period: Not less than 2 months and 21 days of Arresto Mayor

(“The period of which is upon the discretion of the court.”)
Sec. 2: Not Applicable to …
1. Persons convicted of offenses punished with death penalty or life
imprisonment. (People v Roque, 90 Phil 142, 146)
2. Convicted of TREASON, CONSPIRACY or PROPOSAL to COMMIT

TREASON
3. Convicted of MISPRISION OF TREASON, REBELLION, SEDITION or

ESPIONAGE
4. Convicted of PIRACY
5. Those who are HABITUAL DELINQUENTS (RECIDIVIST - People v Yu

Lian, CA, 40 OG 4205)
6. ESCAPEE or EVADED SENTENCE (People v Co, CA, 67 OG 7451)
7. Those who VIOLATED the TERMS OF CONDITIONAL PARDON granted

to them by the Chief Executive
8. Those whose MAXIMUM TERM OF IMPRISONMENT DOES NOT EXCEED 1
YEAR. (People v Dimalanta, 92Phil 239, 242)
9. Those who, upon approval of law (Dec. 5, 1933), had been SENTENCE BY
FINAL JUDGMENT.
10. Sentenced to the penalty of DESTIERRO or SUSPENSION.
11. Not applicable when unfavorable to the accused. (People v Nang Kay, 88
Phil 515, 519)
Sec. 3: Board of Pardons and Parole
• Composition: Secretary of Justice – Chairman; Four Members – appointed by the President and
confirmed by Commission on Appointments.
• Term of office: 6 years
• Qualifications: one member of the board shall be a trained sociologist, one a clergyman or educator,
one psychiatrist unless a trained psychiatrist be employed by the board, and the other members
shall be persons qualified for such work by training and experience. At least one member of the
board shall be a woman.
• Vacancy: successor may be appointed to serve only for the unexpired portion of the term of the
respective members.
• Salary and Benefits: Each member of the Board, including the Chairman and the Executive Officer,
shall be entitled to receive as compensation fifty pesos for each meeting actually attended by him,
notwithstanding the provisions of Section two hundred and fifty-nine of the Revised Administrative
Code, and in addition thereto, reimbursement of actual and necessary traveling expenses incurred in
the performance of duties: Provided, however, That the Board meetings will not be more than three
times a week.
Sec. 4: Powers of Board of Pardons and
Parole
• authorized to adopt such rules and regulations as may be necessary

for carrying out its functions and duties.
• is empowered to call upon any bureau, office, branch, subdivision,
agency or instrumentality of the Government for such assistance as it
may need in connection with the performance of its functions.
• A majority of all the members shall constitute a quorum and a
majority vote shall be necessary to arrive at a decision. Any dissent
from the majority opinion shall be reduced to writing and filed with
the records of the proceedings.
Sec. 5: Duties of the Board of Indeterminate
Sentence
• to the physical, mental and moral record of the prisoners who shall be eligible
to parole
• to determine the proper time of release of such prisoners.
• To determine if the prisoner is to subject of Parole.
• To authorize the release of such prisoner on parole, upon such terms and
conditions as are herein prescribed and as may be prescribed by the Board.
• shall make recommendation in all such cases to the Governor-General with
regard to the parole of such prisoners as they shall deem qualified for parole
as herein provided, after they shall have served a period of imprisonment not
less than the minimum period for which they might have been sentenced
under this Act for the same offense.
Sec. 6: Prisoners on Parole
• Qualifications: 1. prisoner is fitted by his training for release.
2. there is a reasonable probability that such prisoner will live and remain at liberty
without violating the law.
3. that such release will not be incompatible with the welfare of society (Sec. 5)
• Duties: report personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence 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 of Indeterminate Sentence as herein provided. He must observe the
limits of residence provided.
• The officials so designated shall keep such records and make such reports and perform such
other duties hereunder as may be required by said Board.
• If the prisoner shows that he is a law-abiding citizen and shall not violate the laws,
• the Board of Indeterminate Sentence may issue a final certificate of release in his favor, which
shall entitle him to final release and discharge.
Sec. 8: Consequence in Violation of
Conditions of Parole
• Whenever any prisoner released on parole by virtue of this Act shall,
during the period of surveillance, violate any of the conditions of his
parole, the Board of Indeterminate Sentence may issue an order for
his re-arrest which may be served in any part of the Philippine Islands
by any police officer. In such case the prisoner so re-arrested shall
serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison, unless the Board of
Indeterminate Sentence shall, in its discretion, grant a new parole to
the said prisoner.
Case List
• People v Gonzales, 73 Phil. 549, 552
• People v De Joya, 98 Phil 238,240
• People v Dosal, 92 Phil 877
• People v Maula, GR no. L-7191, Oct. 18, 1954
• People v Nang Kay, 88 Phil 515, 519
• People v Roque, 90 Phil 142, 146
• People v Yu Lian, CA, 40 OG 4205
• People v Co, CA, 67 OG 7451
• People v Ducosin, 59 Phil 109, 117
• People v Dimalanta, 92Phil 239, 242
• SOURCE: RPC BOOK 1 by REYES

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The Indeterminate Sentence Law Act No. 4103 As Amended by Act No. 4225

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The Indeterminate Sentence Law

Act No. 4103 as amended by Act No. 4225

• To uplift and redeem valuable human material.

- court shall sentence the accused to an indeterminate penalty,

Attempted Stage: penalty LOWER BY TWO DEGREES than that

• The mitigating or aggravating circumstances is required to be

2. 1 ORDINARY Mitigating Circumstance – MINIMUM PERIOD

3. 1 Aggravating Circumstance – MAXIMUM PERIOD

4. Both mitigating and aggravating circumstances are present -

• Criminal as an individual : age; general health and physical conditions;

Period: “The period of which is upon the discretion of the court.”

Period: Not less than 2 months and 21 days of Arresto Mayor

2. Convicted of TREASON, CONSPIRACY or PROPOSAL to COMMIT

3. Convicted of MISPRISION OF TREASON, REBELLION, SEDITION or

5. Those who are HABITUAL DELINQUENTS (RECIDIVIST - People v Yu

6. ESCAPEE or EVADED SENTENCE (People v Co, CA, 67 OG 7451)

7. Those who VIOLATED the TERMS OF CONDITIONAL PARDON granted

10. Sentenced to the penalty of DESTIERRO or SUSPENSION.

• authorized to adopt such rules and regulations as may be necessary

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