Indeterminate Indeterminate Sentence Law (ISLAW): How to determine maximum and minimum penalties
(Act no 4103 as amended) The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the following exceptions: 1. if sentenced with a penalty of death or life imprisonment 2. if convicted of treason, conspiracy, proposal to commit treason 3. if convicted of misprision of treason, sedition, rebellion or espionage 4. if convicted of piracy 5. if the offender is a habitual delinquent 6. those who escaped from prison or evaded sentence 7. those who violated the terms of conditional pardon of the chief executive 8. where the maximum term of imprisonment does not exceed 1 year (important!) 9. if convicted by final judgement at the time of the effectivity of Act No. 4103 10. if penalized with suspension or distierro If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW! ISLAW applies to offenses punished by Special Law and Revised Penal Code.
1. The maximum penalty should NOT exceed the maximum provided for by that law. 2. The minimum penalty should NOT fall below the minimum provided by the law. How to get maximum and minimum penalty in Revised Penal Code: Example: In the crime of homicide, under the Revised Penal Code, the offender is sentenced to reclusion temporal. The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But reclusion temporal is a divisible penalty consisting of maximum, medium and minimum periods. Which period will we place the maximum term of the Indeterminate Sentence?
Guide for determining the maximum penalty: 1. Determine the entire range of the penalty 2. Determine if there is mitigating or aggravating circumstance Which period will the maximum penalty be placed?
In pursuant to art 64, when there is no mitigating and no aggravating circumstance, it should be placed at the medium period. Thus, the maximum penalty for the example above is reclusion temporal in the medium period.
Why is ISLAW mandatory?
In the application of the Indeterminate Sentence Law the judge will get the maximum penalty and likewise the minimum penalty. I f the accused was already able to serve the minimum ter m of his indeterminate sentence and upon the approval of the Board, the accused now becomes eligible for parole. ISLAW is favorable to the accused.
If the accused was granted parole and violated some conditions of the parole, What will happen?
A warrant of arrest will be issued by the court and the accused will be made to serve the rest of the remaining or unexpired portion of his sentence. (But in probation you go back to number 1, serving of sentence will be from the beginning)
What is the minimum penalty now?
In getting the minimum penalty, the rule is to simply get the penalty one (1) degree lower from the maximum penalty without taking into account the mitigating and aggravating circumstance. Thus, the penalty one degree lower from reclusion temporal, without taking into account any mitigating or aggravating circumstance, is prision mayor. Prision mayor is now the minimum penalty for our example. example.
Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.
Application of ISLAW:
Again, prision mayor is a divisible penalty. Which period can it be placed? Under the Indeterminate Sentence Law, it would depend upon the discretion of the court on which period to place it. Thus, the minimum penalty is prision mayor in any of its period.
How to get maximum and minimum penalty in Special Law:
Factors that could affect the imposition of minimum penalty:
1. Age 2. Conduct during trial 3. Mental or physical condition
from reclusion temporal to prision mayor. The 3rd mitigating circumstance shall place the penalty in the minimum period.
Suppose in the example above, 1 aggravating circumstance was proven. What is now the maximum penalty? It would still be reclusion temporal, but it shall be placed in the maximum period because of the presence of 1 aggravating circumstance.
4 mitigating, NO aggravating maximum penalty: prision correctional in the medium period (2 privileged circumstance. Thus we lower by 2 degrees) minimum penalty: arresto mayor any period
How about the minimum penalty? It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which period? It shall be discretionary upon the court.
5 mitigating, NO aggravating maximum penalty: prision correctional in the minimum period minimum penalty: arresto mayor any period
(More examples)
At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance and NO aggravating: maximum penalty: prision correctional in the minimum period minimum penalty: arresto mayor any period
1 mitigating but NO aggravating maximum penalty: reclusion temporal in the minimum period minimum penalty: prision mayor in any period 2 mitigating, NO aggravating (privileged mitigating) maximum penalty: prision mayor in the medium period minimum penalty: prision correctional any period The preceding example is an exception to the rule. If there is a privileged mitigating circumstance, we take it into account first in order to obtain the proper maximum penalty. Then, from that maximum penalty, we obtain the proper minimum penalty by getting the penalty 1 degree lower. Same rule applies as to the period of the minimum penalty.
Remember: It will never become a privileged mitigating circumstance if there is an aggravating circumstance present. 8 mitigating and 1 aggravating will never become privileged mitigating circumstance.
3 mitigating, NO aggravating maximum penalty: prision mayor in the minimum period minimum penalty: prision correctional any period In the preceding example, there are 3 mitigating circumstance present and no aggravating circumstance. The first two mitigating circumstance shall be a privileged mitigating circumstance. Thus, the penalty will be reduced by 1 degree
How is Indeterminate Sentence Law applied in complex crimes (Article 48)? A complex crime is punished by the most serious offense and shall be imposed in its maximum period.
Example: Estafa through falsification of public documents. Under the Revised Penal Code, falsification of public documents (Article 171) is a more serious offense punished by prision mayor than estafa (Article 315), punished only by prision correctional.
Thus, applying the Indeterminate Sentence Law, the maximum penalty for estafa through falsification of public documents shall be prision mayor in the maximum period. Minimum penalty shall be prision correctional, any period.
Suppose there was 1 mitigating circumstance proven. Maximum penalty would still be prision mayor in the maximum period. In pursuant to Article 48, even if there is a mitigating circumstance present, it should still be imposed at the maximum period.
How about if there are 2 mitigating circumstance and no aggravating? The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by
one degree but still place it at the maximum period. Thus, the maximum penalty shall be prision correctional in the maximum period. 4 mitigating, NO aggravating maximum penalty: arresto mayor in its maximum period
