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, EXCET i! the acc"sed will !all i n any o! the !ollowin# e$ce%tions& 1' i! sentenced with a %enalty o! death or li!e im%risonment ' i! conicted o! treason, cons%iracy, %ro%osal to commit treason 3' i! conicted o! mis%rision o! treason, sedition, re*ellion or es%iona#e 4' i! conicted o! %iracy +' i! the o!!ender is a ha*it"al delin"ent -' those who esca%ed !rom %rison or eaded sentence .' those who iolated the terms o! conditional %ardon o! the chie! e$ec"tie /' where the ma$im"m term o! im%risonment does not e$ceed 1 year (im%ortant) ' i! conicted *y !inal 2"d#ement at the time o! the e!!ectiity o! Act o' 4103 10' i! %enalied with s"s%ension or distierro I! acc"sed !all in any o! the !ore#oin# e$ce%tions' 56 6T AL7 ISLA8 ISLA8 a%%lies to o!!enses %"nished *y S%ecial Law and 9eised enal Code' Why is ISLAW mandatory? In the a%%lication o! the Indeterminate Sentence Law the 2"d#e will #et the ma$im"m %enalty and li:ewise the minim"m %enalty' I! the acc"sed was already a*le to sere the minim"m term o! his indeterminate sentence and "%on the a%%roal o! the ;oard, the acc"sed now *ecomes eli#i*le !or %arole' ISLA8 is !aora*le to the acc"sed' If the accused was granted parole and violated some conditions of the parole, What will happen? A warrant o! arrest will *e iss"ed *y the co"rt and the acc"sed will *e made to sere the rest o! the remainin# or "ne$%ired %ortion o! his sentence' (;"t in %ro*ation yo" #o *ac: to n"m*er 1, serin# o! sentence will *e !rom the *e#innin#) Application of ISLAW: "ide !or determinin# the ma$im"m %enalty& 1' 5etermine the entire ran#e o! the %enalty ' 5etermine i! there is miti#atin# or a##raatin# circ"mstance Which period will the maximum penalt y be placed? In %"rs"ant to art -4, when there is no miti#atin# and no a##raatin# circ"mstance, it sho"ld *e %laced at the medi"m %eriod' Th"s, the ma$im"m %enalty !or the e$am%le a*oe is recl"sion tem%oral in the medi"m %eriod' What is the minimum penalty now? In #ettin# the minim"m %enalty, the r"le is to sim%ly #et the %enalty one (1) de#ree lower !rom the ma$im"m %enalty witho"t ta:in# into acco"nt the miti#atin# and a##raatin# circ"mstance' Th"s, the %enalty one de#ree lower !rom recl"sion tem%oral, witho"t ta:in# into acco"nt any miti#atin# or a##raatin# circ"mstance, is %rision m ayor' rision mayor is now the minim"m %enalty !or o"r e$am%le' Important: I! yo"r ma$im"m %enalty is wron#, it !ollows that the minim"m %enalty will also *e wron#' A#ain, %rision mayor is a diisi*le %enalty' 8hich %eriod %eriod can it *e %laced= ?nder the Indeterminate Sentence Law, it wo"ld de%end "%on the discretion o! the co"rt on which %eriod to %lace it' Th"s, the minim"m %enalty is %rision mayor in any o! its %eriod' @actors that co"ld a!!ect the im%osition o! minim"m %enalty& 1' A#e ' Cond"ct d"rin# trial 3' ental or %hysical condition S"%%ose in the e$am%le a*oe, 1 a##raatin# circ"mstance was %roen' 8hat is now the ma$im"m %enalty= It wo"ld still *e r ecl"sion tem%oral, *"t it shall *e %laced in the ma$im"m %eriod *eca"se o! the %r esence o! 1 a##raatin# circ"mstance'
It wo"ld still *e 1 de#ree lower !rom recl"sion tem%oral, which is %rision mayor' In which %eriod= It shall *e discretionary "%on the co"rt' (ore e$am%les) 1 miti#atin# *"t 6 a##raatin# ma$im"m %enalty& recl"sion tem%oral in the minim"m %eriod minim"m %enalty& %rision mayor in any %eriod miti#atin#, 6 a##raatin# (%riile#ed miti#atin#) ma$im"m %enalty& %rision mayor in the medi"m %eriod minim"m %enalty& %rision correctional any %eriod The %recedin# e$am%le is an e$ce%tion to the r"le' I! there is a %riile#ed miti#atin# circ"mstance, we ta:e it into acco"nt !irst in order to o*tain the %ro%er ma$im"m %enalty' Then, !rom that ma$im"m %enalty, we o*tain the %ro%er minim"m %enalty *y #ettin# the %enalty 1 de#ree lower' Same r"le a%%lies as to the %eriod o! the minim"m %enalty' emember: It will neer *ecome a %riile#ed miti#atin# circ"mstance i! there is an a##raatin# circ"mstance %resent' / miti#atin# and 1 a##raatin# will neer *ecome %riile#ed miti#atin# circ"mstance' 3 miti#atin#, 6 a##raatin# ma$im"m %enalty& %rision mayor in the minim"m %eriod minim"m %enalty& %rision correctional any %eriod In the %recedin# e$am%le, there are 3 miti#atin# circ"mstance %resent and no a##raatin# circ"mstance' The !irst two miti#atin# circ"mstance shall *e a %riile#ed miti#atin# circ"mstance' Th"s, the %enalty will *e red"ced *y 1 de#ree !rom recl"sion tem%oral to %rision mayor' The 3rd miti#atin# circ"mstance shall %lace the %enalty in the m inim"m %eriod' 4 miti#atin#, 6 a##raatin# ma$im"m %enalty& %rision correctional in the medi"m %eriod ( %riile#ed circ"mstance' Th"s we lower *y de#rees) minim"m %enalty& arresto mayor any %eriod + miti#atin#, 6 a##raatin# ma$im"m %enalty& %rision correctional in the minim"m %eriod minim"m %enalty& arresto mayor any %eriod At most we can only lower *y de#rees' Th"s, i! there are - miti#atin# circ"mstance and 6 a##raatin#& ma$im"m %enalty& %rision correctional in the minim"m %eriod minim"m %enalty& arresto mayor any %eriod !ow is Indeterminate Sentence Law applied in complex crimes "Article #$%? A com%le$ crime is %"nished *y the most serio"s o!!ense and shall *e im%osed in its ma$im"m %eriod' E$am%le& Esta!a thro"#h !alsi!ication o! %"*lic doc"ments' ?nder the 9eised enal Code, !alsi!ication o! %"*lic doc"ments (Article 1.1) is a more serio"s o!!ense %"nished *y %rision mayor than esta!a (Article 31+), %"nished only *y %rision correctional' Th"s, a%%lyin# the Indeterminate Sentence Law, the ma$im"m %enalty !or esta!a thro"#h !alsi!ication o! %"*lic doc"ments shall *e %rision mayor in the ma$im"m %eriod' inim"m %enalty shall *e %rision correctional, any %eriod' S"%%ose there was 1 miti#atin# circ"mstance %roen' a$im"m %enalty wo"ld still *e %rision mayor in the ma$im"m %eriod' In %"rs"ant to Article 4/, een i! there is a miti#atin# circ"mstance %resent, it sho"ld still *e im%osed at the ma$im"m %eriod'
In case the penalty comes from the result of a plea-bargaining, the minimum penalty will be the one lower than that of the downgraded oense.
Minimum and maximum penalties are specied in order to prevent unnecessary deprivation of liberty and enhance his economic usefulness. The maximum penalty is necessary for the imposition of accessory penalties while the minimum penalty is important to allow the prisoner the chance for parole. In short, he is given a chance to redeem himself.
nce the minimum term is served, the prisoner becomes eligible for parole if he proves that he has complied with the conditions imposed on him when he was made to serve sentence. !arole doesn"t mean a person has fully served sentence, however. It means that he is allowed to serve the remainder of his sentence out of #ail but under the supervision of an appointed parole o$cer. %e is re&uired to report to this parole o$cer on appointed dates for the remainder of the prison term. 'uring parole, the prisoner released on parole must apply himself to a legitimate occupation and prove himself to be a law-abiding citi(en. %is residence will be xed and changed from time to time under the discretion of the )oard of Indeterminate *entence+)oard of !ardons and !arole. The board can issue a nal certication of release if the paroled prisoner has proven himself to be a law-abiding citi(en. If he violates the terms and conditions of his parole he can be arrested again. If that happens, he will have to serve the remaining term of his prison sentence behind bars.
Probation is a privilege, not a right. It can be granted only if the accused deserves it. If granted, the accused will be convicted but released. He will then comply with mandatory and discretionary conditions imposed by the court and be placed under the supervision of a probation officer. The discretionary conditions depend on the court's assessment of the accused but they must be constructive, consistent with his conscience, not as burdensome as the original penalty of the crime and must not unreasonably restrict his liberty. Note: must not unreasonably restrict his liberty . penalty is always a restriction of liberty but restrictions must be reasonable and proportionate to the o ffense. The mandatory conditions are: !." To report to the probation officer within #$ hours from the time the order was received% and $." To regularly report to the probation officer at least once a month or sooner as may seem fit. The Probation &aw has obectives similar to the Indeterminate (entence &aw: !." $." +." ." ."
)ehabilitation and correction of the accused through individuali*ed treatment To give better chances for a repentant criminal to reform Prevent further commission of crimes as he is placed under the probation officer's supervision -econgest the ails (ave the government from spending money for maintaining the accused in prison
Probation may be granted whether the penalty is imprisonment or a fine only. /or imprisonment, the penalty should be 0 years or less. Probation will be de nied in any of the following circumstances: !." The accused needs correctional treatment that can best be provided if he is committed to an institution $." There is an undue ris1 that he will commit another crime during the probation period. +." Probation will ma1e the offense not loo1 serious. )egarding 2+, there is a case where an accused's application for probation was denied because she didn't comply with the court's orders in counts of 3P $$ violations and instead e4ecuted a simulated 5fa1e" deed of sale 5(antos vs 6, 7)!$#899, -ecember $, !999." There are also disualifications. These are: !." The prison term e4ceeds 0 years 5even if by ust ! day" $." Those convicted of subversion +." Those convicted of the following crimes against national security: a." Treason b." 6onspiracy and proposal to commit treason c." ;isprision of Treason d." indirect assault, resistance an disobedience d." Public disorders 5tumults, alarms and scandals" e." -elivery of prisoners from ail f." or a fine of at least Php$AA.AA 0." Those who were once recipients of probation 5probation can be granted to a pe rson only once."
#." Those who were already serving sentence when the Probation &aw too1 effect 5;artial &aw years" 8." Those enoying the benefits of P- 0A+ 5the 6hild and Bouth Celfare 6ode" and similar laws 9." Those who perfected an appeal 5probation and appeal are mutually e4clusive remedies% you can't use both at the same time." )egarding those suffering several prison terms, multiple terms are distinct from each other. However, if the total number of prison terms doesn't e4ceed 0 years, the accused is entitled to probation. The application for probation must also be filed during the period for perfecting an appeal. Ta1e note: conviction becomes final if the accused applies for probation. If granted, the accused's sentence is suspended but still stands. If he violates his probation, he can be arrested and brought to court for an informal summary hearing 5but can post bail while the hearing is going on as well." If the violation is proven, the court may or may not revo1e the probation. If probation is revo1ed the accused will serve full sentence. The revocation order is not appealable. If the probation prisoner complies with his reuirements throughout the period of probation the court will give him a final discharge. The probationer 's civil rights will then be fully restored and his penalties and fines will be discharged. -uration of Probation !." Imprisonment of not more than ! year: ma4imum probation of $ years $." ! to 0 years imprisonment: ma4imum of 0 years +." /ine with subsidiary imprisonment: twice the period computed in rt. +9 of the )evised Penal 6ode
