Indeterminate Sentence Law

Indeterminate Sentence Law

RA No. 4103, Dec. 5, 1933 - Instead of imposing a straight penalty, the court must determine two penalties (maximum and minimum) I. 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).

II. COVERAGE A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts B. 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 (imposed) 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)

III. APPLICATION A. RPC: Min (next lower to prescribed) to Max (imposable) 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

No AC or MC: Penalty PRESCRIBED medium period 1 AC, no MC: Penalty PRESCRIBED maximum period No AC, 1 MC: Penalty PRESCRIBED minimum period Several ACs and MCs: OFFSET then apply rules to remainder No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED 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 CRIME maximum 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 ISL will end up being lower than the minimum of the ISL. B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)

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

INDETERMINATE SENTENCE LAW An indeterminate sentence is a sentence imposed for a crime that isn't given a definite duration. The prison term does not state a specific period of time or release date, but just a range of time, such as one year and one day to five years. To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness and to individualize the administration of our criminal law, Indeterminate Sentence Law (Act No. 4103 as amended by Act No. 4225) provides for an indeterminate sentence and parole for all persons convicted of certain crimes by the courts of the Philippines. In addition, it provides for the creation of the Board of Pardons and Parole, or the Board of Indeterminate Sentence, provided in Section 3 of the said Act tasked to look into the physical, mental and moral record of the prisoners who are eligible to parole and to determine the proper time of release of such prisoners. The court must, instead of a single fixed penalty, determine two penalties, referred to in the Indeterminate Sentence Act as the maximum and minimum terms. The basic mandate of the Indeterminate Sentence Law is the imposition of, instead of a single fixed penalty, determined two penalties, referred to in the Indeterminate Sentence, which is comprised by a minimum term and a maximum term. It is indeterminate in the sense that after serving the minimum, the convict may be released on parole, or if he is not fitted for release, he shall continue serving his sentence until the end of the maximum. It is the fixing of the minimum and maximum terms, which generates a lot of confusion and is the constant source of error of some judges. The act should be applied in imposing a prison sentence for a crime punishable either by special law or by the Revised Penal Code. Under Section 1 of Act No. 4103, as amended by Act No. 4225, if the offense is punished by a special law, the 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 the minimum prescribed by the same. If the offense is punished by the Revised Penal code, the court shall sentence the accused to an indeterminate penalty, the maximum term of which shall be the penalty imposable under the same Code after considering the attending mitigating and/or aggravating circumstances according to Article 64 of the said code. The minimum term of the same sentence shall be within the range of the penalty next lower to that prescribed by the Code for the offense. Section 8 of the said Act provides that any prisoner who violates any of the conditions of his parole, who violates any law during the 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" mentioned in section 6 for which he has been convicted, shall be subject to re-arrest and confinement and "shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison" unless the board grants a new parole. Prior to the effectivity of the Indeterminate Sentence Law, prison sentences were imposed and fixed as a straight penalty exactly as provided for under the RPC, modified only by the applicable rules therein, to wit: Articles 46, 48, 50 to 57, 61, 62, 64, 65, 68, 69, and 71. The maximum term of the indeterminate sentence is determined exactly in that manner as if the Indeterminate Sentence Law had never been enacted. Thus, same rules and provisions (except paragraph 5 of Art. 62) must be taken into account in determining the maximum term of the indeterminate penalty. For instance, a woman who stabbed and killed a man who had placed his hand on her upper thigh without any provocation on her part, was given a reduced penalty by two degrees under Article 69 of the Revised Penal code. The penalty for homicide is reclusion temporal. Pursuant to the Indeterminate Sentence Law, the indeterminate penalty is from arresto mayor in its medium period, as the minimum, to prision coreccional in its medium period, as the maximum. Conscientious adherence to the provisions of the Indeterminate Sentence Law is an indispensable component of a fair and impartial judgment. For what could be the difference of even only one day in the period of imprisonment of a convict could mean so much to the precious and cherished liberty of the person. Indeterminate Sentence Law is not applicable to: those persons convicted of offenses punished with death penalty or life imprisonment; those convicted of treason, conspiracy or proposal to commit treason; those convicted of misprision of treason, rebellion, sedition or espionage; those convicted of piracy; those who are habitual delinquents (but applicable to recidivist); those who shall have escaped from confinement or evaded sentence; those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; those whose maximum term of imprisonment does not exceed one year; those already sentenced by final judgment at the time of approval of this Act; those whose sentence imposes penalties which do not involve imprisonment, like destierro; those which are unfavorable to the accused; and those whose maximum period of penalty does not exceed one year (application of Indeterminate Sentence Law is mandatory where imprisonment would exceed one year).

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 imposable after taking attending circumstances into account

MAXIMUM term: shall not exceed the maximum term prescribed by the special law

MINIMUM term: range of penalty next lower to penalty prescribed

MINIMUM term: shall not be less than 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 penalty prescribed

Following the regular procedure for deriving the minimum and maximum term

Applying the Exception with respect to the minimum term

1. Homicide (Art. 249): reclusion temporal

2. Committed by a person 9-15 years old with discernment (Art. 68 mandates that the penalty to be imposed should be two degrees lower than the penalty prescribed)

3. No other mitigating or aggravating circumstance

1. Penalty prescribed: reclusion temporal

2. For MAXIMUM term: Ordinarily, reclusion temporal medium. However: given the privileged mitigating circumstance, the penalty 2 degrees lower is prision correccional

3. For MINIMUM term: prision mayor medium

4. The absurd result of the application:

The penalty IMPOSABLE is within the Maximum term of PRISION CORRECCIONAL and the

1. Penalty prescribed: reclusion temporal

2. For MAXIMUM term, take the privileged mitigating circumstance into account: prision correccional

3. For MINIMUM term, get the NEW penalty prescribed first by applying the privileged mitigating circumstance (prision correctional medium). Then get the penalty one degree lower from the NEW penalty prescribed: arresto mayor medium

The penalty IMPOSABLE

Minimum term of PRISION MAYOR MEDIUM.

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:


Application of the IS Law


2. No MC or AC

1. Maximum term: reclusion temporal medium

2. Minimum term: prision mayor

Table 2:




2. Mitigating circumstance of plea of guilt, No AC

1. Maximum term: reclusion temporal minimum


Table 3:




2. Aggravating circumstance of recidivism, No MC

1. Maximum term: reclusion temporal maximum


Table 4:




2. Aggravating circumstance of nighttime

3. Mitigating circumstances of voluntary surrender and plea of guilt

4. OFFSETTING the MCs with the AC would yield one MC

FOLLOW TABLE 2 PROCEDURE

Table 5:



1. Complex crime of frustrated homicide with assault upon an agent of a person in authority (Arts. 249, 6, 148, and 48)

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

1. Maximum term: prision mayor maximum

2. Minimum term: prision correctional

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 prisoners 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.

Indeterminate Sentence Law

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