range of the penalty next lower WITHOUT reference to the

INDETERMINATE SENTENCE LAW periods into which it may be subdivided

(Act No. 4103 as amended by Act. No. 4225)
 When crime is punished by a special law
o Maximum
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND
 Shall not exceed the maximum fixed by said law
PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE
o Minimum Term
COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF  Not be less than the minimum prescribed
INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREOF AND
FOR OTHER PURPOSES
- ON FACTORS CONSIDERED BY COURT IN FIXING THE MINIMUM
PURPOSES & AIM PENALTY
- To uplift and redeem valuable human material and 1. Considering the criminal as individual
- Prevent unnecessary and excessive deprivation of personal liberty and (1) Age (extreme youth/ old age)
economic usefulness (2) General health and physical conditions
- AIM: individualize the administration of our criminal law (3) Mentality, heredity, and personal habits
(4) Previous conduct, environment, and mode of life (and criminal
APPLICABILITY record)
- Intended to favor the defendant in a criminal case particularly to shorten his term (5) Previous education, both intellectual and moral
of imprisonment depending upon his behavior (6) Proclivities and aptitudes for usefulness or injury to society
- Hence, not applicable when unfavorable to the accused (i.e. results to (7) Demeanor during trial and attitude with regard to the crime
lengthening of his prison sentence) committed
(8) Manner and circumstances in which the crime was committed
SECTION 1. COVERAGE (9) Gravity of the offense
- Covers prison sentence for a crime punishable either by the RPC or special law
- Court must determine 2 penalties: Maximum and Minimum 2. Considering the criminal as a member of society
(1) Relationship towards dependents, family and associations and
 When crime is punished by the RPC their relationship with him
o Maximum Term (2) Relationship towards society at large and State
 Penalty imposed as provided by law (Articles: 46, 48, 50 to 57,
61, 62 (except par. 5), 64, 65, 68, 69, and 71) depending upon - ON THE REASON FOR FIXING THE MINIMUM AND MAXIMUM PENALTIES
the attending circumstances (mitigating and/or aggravating 1. When prisoner has served the minimum imposed and shall appear to the
under Art. 64) Board that one is fitted for release, the Board may authorize the release
 Quick recap on the rules under Art. 64: of such prisoner on parole, subject to terms and conditions
o No aggravating and no mitigating—medium
period 2. When such prisoner release on parole shall, during the period of
o Only mitigating—minimum period surveillance, violate any of the conditions, the Board may issue an order
o Only aggravating—maximum period for his arrest. In such, the prisoner rearrested shall serve the remaining
o Both mitigating and aggravating—offset and unexpired portion of the maximum sentence.
apply the remaining 3. Even if one has already served the minimum, but is not fitted for releasee
o 2/more mitigating and no aggravating— on parole, one shall continue to serve imprisonment until the end of the
penalty next lower `
maximum.
 It is ONLY in the imposition of the maximum term that the
aggravating or mitigating is considered
SECTION 2. ACT SHALL NOT APPLY TO:
o Minimum Term (1) Persons convicted of offense punished with death penalty or life
 Within the range of the penalty next lower in degree prescribed imprisonment;
for the offense o Application of ISL is based on the penalty ACTUALLY imposed
 This is determined without considering the attending and not the penalty that may be imposed
circumstances (aggravating or mitigating) and is left to the (2) Those convicted of treason, conspiracy or proposal to commit treason;
discretion of the court to fix the minimum anywhere within the (3) Those convicted of misprision of treason, rebellion, sedition, espionage;
 (4) Those convicted of piracy; SECTION 5. DUTIES AND FUNCTIONS OF THE BOARD
(5) Those who are habitual delinquents; o Look into the physical, mental, and moral record of the prisoners who shall be
o Recidivists are entitled to ISLAW eligible to parole and determine the proper time of release
(6) Those who shall have escaped from confinement or evaded sentence; o In its discretion and in accordance with the rules and regulations, authorize the
o A minor who escaped from confinement in the reformatory is release of a prisoner on parole
entitled to the benefits of the law because confinement is not o Shall also examine the records and status of prisoners who shall have been
considered imprisonment. Same with confinement in mental convicted of any offense other than mentioned in Section 2 and those have been
hospital. sentenced for more than 1 year by final judgement prior to the date on which this
(7) Those who have been granted conditional pardon by the Chief Executive Act shall take effect
and shall have violated the term thereto; o Shall make recommendations in all such cases to the President with regard to
(8) Those whose maximum term of imprisonment does not exceed one year; the parole of prisoners as they shall deem qualified for parole as provided, after
o ISL does not apply to non-divisible penalties only to divisible they shall served a period of imprisonment not less than the minimum period for
o Application is MANDATORY if the imprisonment would exceed 1 which they have been sentenced under this Act for the same offense
year
o Basis: statutory construction; for it employs the phrases SECTION 6. PRISONER RELEASED ON PAROLE
“convicts shall be sentenced” and “the court shall - Every prisoner released from confinement on parole shall report personally to
sentence the accused to an indeterminate sentence” government officials or other parole officers appointed by the Board for a period
(9) Those already sentenced by final judgment at the time of the approval of of surveillance equivalent to the remaining portion of the maximum sentence
Indeterminate Sentence Law; imposed upon him or until final release and discharge
(10) Those sentenced to the penalty of destierro or suspension. - Residence of the paroled prisoner during his parole may be fixed and from time
to time changed by the Board in its discretion
SECTION 3. BOARD OF PARDONS AND PAROLE - If during the period of surveillance, the paroled prisoner show himself to be a
- Composition: law-abiding citizen and shall not violate any laws, the Board may issue a final
o Secretary of Justice (Chairman) certification of release in his favor which shall entitle the prisoner to final release
o Four Members to be appointed by the President (with consent of the and discharge
COA)
 Conditions: SECTION 7. CERTICATION OF RELEASE
 1 Member shall be a trained sociologist, a - Board shall file with the court which passed judgment on the case and with Chief
clergyman/educator, psychiatrist unless a trained of Constabulary, a certified copy of each order of conditional or final release and
psychiatrist be employed by the Board discharge issued in accordance with the provisions of the next preceding 2
 Other members shall pe persons qualified for such sections.
work by training and experience
 At least 1 shall be a woman SECTION 8. VIOLATION OF THE PRISONER RELEASED ON PAROLE
- Term: 6 years - When the prisoner released on parole violate any conditions of his parole during
- In case of vacancy of membership: successor may be appointed to serve only the period of surveillance, the Board may issue an order for this arrest which
for the unexpired portion of the term may be served in any part of the Philippines by any police officer
- In such, the prisoner so rearrested shall serve the remaining unexpired portion of
SECTION 4. SESSION & COMPENSATION the maximum sentence for which he was originally committed to prison
- Majority of all the members shall constitute a quorum and a majority vote shall o Unless, the Board shall, in its discretion, grant a new parole
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 ILLUSTRATION BASED ON ARTICLES 48, 61, 64, 68, 69, ETC.
- Compensation:
o Compensation shall be received for each meeting actually attended by 1. Neither mitigating nor aggravating circumstance (Art. 64, par. 1)
each member of the Board and - Maximum—medium period
o Reimbursement of actual and necessary traveling expenses incurred in - Minimum—anywhere wherein the range of the penalty next lower with
performance of duties or without the reference to the period in which it may be subdivided
o Provided: that Board meeting will not be more than 3 times a week  Homicide under Art. 249 which prescribes reclusion temporal
 Maximum—reclusion temporal in its medium period
 Minimum—anywhere wherein the range of prision mayor, with
or without reference to the period x x x
 6. Penalty is next lower by two degrees than that prescribed by law for the
2. One ordinary mitigating circumstance (Art. 62, par. 2) crime threatened and there is one aggravating
- Maximum—minimum period - Example:
- Minimum—same rule with the preceding  A threatened to kill B if B would not give him money but failed
 Reclusion temporal; A pleaded guilty because A was arrested upon complaint by B. In the
 Maximum—reclusion temporal in its minimum period execution, aggravating circumstance of relationship and
 Minimum—anywhere within the range of prision mayor with or committed with insult were present.
without reference to the period into which it may be subdivided  Crime threatened—Homicide punishable by reclusion
temporal
3. Only an aggravating circumstance (Art. 64, par. 3)  Actual crime committed—grave threats
- Maximum—maximum period  Following the rule of next lower by 2 degrees: penalty
- Minimum—same rule with the preceding now is prision correctional
 Aggravating circumstance of relationship and committed with  Then apply the 1 aggravating circumstance; the
insult or disregard of the respect due to offended party (merge indeterminate penalty is NOW
into one)  Maximum—prision correccional in its
 Maximum—reclusion temporal in its maximum maximum period
 Minimum—same penalty with the preceding example  Minimum—anywhere within arresto mayor

4. There are mitigating and aggravating (Art. 64, par. 4) 7. When the accused is convicted of a complex crime and there are 2
- Rule: offset; then apply the rule for the remaining circumstance mitigating circumstance without any aggravating
- Example: - Rule for complex crime: graver offense
 Committed homicide at nighttime (aggravating) but - Apply the mitigating circumstance; result: next lower in degree
surrendered voluntarily (mitigating) and pleaded guilty - The result will be the starting point for the determination for the next
(mitigating) lower in degree which compose the MINIMUM of the indeterminate
 After offsetting, only 1 mitigating circumstance is left; hence penalty
apply it  Example: Estafa through falsification by public officer
 Maximum—reclusion temporal in its minimum period  Falsification (more serious): penalty of prison mayor
 Minimum—same penalty x x x  Presence of 2 mitigating: voluntary surrender and plea of guilty
without any aggravating
5. Crime committed is complex crime (Art. 48)  Leads to lowering to the penalty next lower of prison
- Rule: choose the graver offense and to be applied in its maximum mayor
period  Result: prision correccional
 Example: convicted for frustrated homicide with assault upon  This result (prision correctional) should be the
agent of a person in authority starting point for determining the MINIMUM of the
 Penalty for Homicide: Reclusion Temporal indeterminate penalty
 But since frustrated—one degree lower (Art.  Hence, the final indeterminate penalty is now:
50) which now becomes prision mayor  Maximum: prision correccional in its
 Penalty for Assault: prision correccional in its maximum
medium and maximum  Minimum: arresto mayor
 Graver offense: Prision mayor - Another example:
 Hence, indeterminate penalty for the complex  Accused who’s 17 years old on the date of the commission of
crime is now: direct assault upon a person in authority with homicide has
 Maximum: Prision mayor in its maximum credited to 2 mitigating: special/privileged of minority and
period ordinary which is plea of guilty
 Minimum: prision correccional in any period  More serious crime which is homicide is punishable by
reclusion temporal. What is then the proper indeterminate
 Same ruling with complex crime of estafa through falsification penalty?
of public document 1. Start from the proper penalty imposed by the
 Falsification of public docs (Art. 171) –prision mayor RPC  reclusion temporal
 Estafa (Art. 315) –prision correccional
 2. Apply the mitigating circumstance of minority and
determine the penalty immediately inferior in
degree  prision mayor
3. Apply it in its maximum degree (rule on complex
crime) BUT within the minimum range because
of the presence of ordinary mitigating (plea of
guilty)
4. Final result is now:
 Maximum: prision mayor
 Minimum: within the range of prision
correccional OR
 Indeterminate penalty of not less than
six years of prision correccional to not
more than 10 years and 8 months of
prision mayor

8. Where there are privileged and ordinary mitigating (Art. 68 and 64)
- Rule: lower the penalty prescribed by the Code for the offense by one
degree (due to privileged circumstance)
 Penalty next lower or the resulting penalty (will serve as the
MAXIMUM) shall be the starting point in determining the
MINIMUM of the indeterminate penalty; to get the minimum,
lower by another degree
 Example: minor guilty of murder (penalty of reclusion
temporal) upon a plea of guilty
 Penalty next lower: prison mayor

9. Two privileged mitigating and ordinary mitigating (Arts. 68 & 69)

10. Incomplete defense without any ordinary or aggravating (Art. 69)

- Rule: 2 degrees lower

11. Incomplete defense with two ordinary mitigating and without any
aggravating (Arts. 69 & 64, par. 5)
- Rule: 3 degrees lower

12. When the penalty prescribed by the Code is reclusion temporal in its
maximum period to death (penalty for murder) and there are 2 or more
mitigating circumstances and no aggravating (Art. 64, par. 5)

13. When the crime committed is robbery in inhabited house and the penalty is
to be lowered by one degree
  Trial court where the judgement of conviction imposing a non-
PRESIDENTIAL DECREE NO. 968 probationable penalty was rendered, or
(As amended by P.D. No. 1257, and as further  Where such case has since been re-raffled
- Convict may file for probation if appeal is for conviction imposing a non-
amended by BP Blg. 76 and P.D. No. 1990) probationable penalty which is modified on appeal to a probationable penalty,
before such decision becomes final.
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS o Benefit of probation shall be lost if a review of the modified decision
THEREOF AND FOR OTHER PURPOSES which already imposes a probationable penalty is sought.
o Allowed due to R.A. No. 17070 which amended P.D. No. 968
NOTES: - In cases where several defendants have appealed, those who did not may apply
for probation by submitting a written application and attaching a certified true
 Probation only affects the criminal aspect of the case; hence, the suspension
copy of the judgement of conviction.
of the sentence imposed on the accused has no bearing on his civil liability.
- An order granting or denying probation is not appealable.
 Probation is a privilege and its grant rests upon the discretion of the court. - Effect of probation on accessory penalties: deemed suspended once probation
o Hence, even if the convicted person is qualified for probation, the grant is granted
of probation is not automatic or ministerial. Court may still deny the
application.
- ON THE NATURE OF ORDER GRANTING PROBATION:
SECTION 1. TITLE AND SCOPE OF THE DECREE o Order is not a sentence but a suspension of the imposition of
- Probation Law of 1976 sentence
- Shall be applied to all offenders except those entitled under P.D. 603 and similar o Not a final judgment but an “interlocutory judgment” in the nature of a
laws conditional order placing the convicted defendant under the supervision
of the court for his reformation, to be followed by a final judgment of
SECTION 2. PURPOSE discharge, if the conditions of the probation are complied with, or by a
1. Promote the correction and rehabilitation of an offender by providing him with final judgment of sentence if the conditions are violated
individualized treatment
2. Provide an opportunity for the reformation of a penitent offender which might be SECTION 5. POST-SENTENCE INVESTIGATION
less probable if he were to sever a prison sentence - The convict is not immediately placed on probation for no person shall be placed
3. Prevent the commission of offenses on probation except upon prior investigation by the probation officer and a
determination by the court
SECTION 3: MEANING OF TERMS
- Probation—disposition under which a defendant, after conviction and sentence, SECTION 7. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT
is released subject to conditions imposed by the court and to the supervision of a - Probation officer shall submit to court the investigation report not later than 60
probation officer days from receipt of the order to conduct the investigation.
- The court shall resolve the application for probation not later than 15 days after
SECTION 4. GRANT OF PROBATION the receipt of said report.
- May be granted even if the sentence imposed a fine only with subsidiary - Pending submission of report and resolution of the petition, the defendant may
imprisonment in case of insolvency be released under his bail filed in the criminal case
- Upon application by defendant for probation, the court may suspend the - Defendant may also be released on recognizance to the custody of a
execution of the sentence responsible member of the community:
- Application for probation must be filed within the period for perfecting an appeal o In case where no bail was filed; or
o Means that the benefit of probation must be invoked at the earliest o In case where the defendant is incapable of filing a bail
opportunity since one cannot anymore avail if he already perfected the  The said member guarantees only the defendant’s
appeal appearance whenever required by court.
o Purpose: encourage offenders who are wiling to be reformed and
rehabilitated to avail of probation SECTION 8. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
o Effect: application for probation operates as a waiver of the right to - Court shall consider:
appeal 1. All information relative to the:
- Application for probation shall be filed with the trial court a. Character
o If the application is based on a modified decision imposing a b. Antecedents
probationable penalty, it shall be filed in the: c. Environment
 d. Mental and (d) undergo medical, psychological or psychiatric examination and
e. Physical condition of the offender; and treatment and enter and remain in a specified institution, when
2. Available institutional and community resources required for that purpose;
- Probation shall be denied if the court finds that: (e) pursue a prescribed secular study or vocational training;
(a) Offender is in need of correctional treatment that can be provided (f) attend or reside in a facility established for instruction, recreation or
most effectively by his commitment to an institution; or residence of persons on probation;
(b) There is undue risk that during the period of probation, the offender (g) refrain from visiting houses of ill-repute;
will commit another crime; or (h) abstain from drinking intoxicating beverages to excess;
(c) Probation will depreciate the seriousness of the offense committed (i) permit to probation officer or an authorized social worker to visit his
- Grant or denial does not rest solely on the offender’s potentiality to reform but home and place or work;
ALSO on the observance of demands of justice and public interest (j) reside at premises approved by it and not to change his residence
- Outright denial by the court without the benefit of hearing and where the without its prior written approval; or
applicant is not disqualified under the Probation Law is null and void and is (k) satisfy any other condition related to the rehabilitation of the
correctible by certiorari. defendant and not unduly restrictive of his liberty or incompatible
with his freedom of conscience.
SECTION 9. DISQUALIFIED OFFENDERS o List is not inclusive; liberal in character as long as the probationer’s
- Benefits of the Decree shall not be extended to: constitutional rights are not jeopardized
(a) those sentenced to serve a maximum term of imprisonment of o These special/discretionary conditions should be realistic, purposive,
more than 6 years; and geared to help the probationer develop into a law-abiding and self-
(b) those convicted of any crime against the national security; respecting individual.
(c) those who were previously convicted by final judgment of an
offense punished by imprisonment of more than 6 months and one - Examples of condition that may not be imposed:
day and/or a fine of more than 1K; o Probationer should refrain from continuing her teaching profession
(d) those who have been once on probation under the provisions of
the Decree;
(e) those who are already serving sentence at the time the substantive SECTION 11. EFFECTIVITY OF PROBATION ORDER
provision of the Decree became applicable pursuant to Sec. 33 - Upon the failure of the probationer to comply with any of the conditions
thereof prescribed, or upon his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation
SECTION 10. CONDITIONS OF PROBATION
- 2 conditions:
(1) General or Mandatory SECTION 14. PERIOD OF PROBATION
(2) Special or Discretionary (a) If the convict is sentenced to a term of imprisonment of not more
than 1 year, the period of probation shall not exceed 2 years;
- On General or Mandatory Conditions: (b) In all other cases, if he is sentenced to more than 1 year, said
(a) Probationer shall present himself to the Probation Officer period shall not exceed 6 years.
designated to undertake his supervision at such place as may be (c) When the sentence imposes a fine only and the offender is made
specified in the order within 72 hours from receipt of the order; to serve subsidiary imprisonment, the period of probation shall be
(b) Report to the PO at least once a month at such time and place as twice the total number of days of subsidiary imprisonment
specified by said officer
o Being mandatory, the moment any is violated, the probation is
cancelled. SECTION 15. ARREST OF PROBATIONER; SUBSEQUENT DISPOSITION
- Violations of the conditions of probation must be serious to justify the issuance of
- On Special or Discretionary Conditions (additional conditions): warrant of arrest
(a) cooperate with a program of supervision; - Defendant may be admitted to bail pending hearing.
(b) meet his family responsibilities; - The hearing is summary in nature but the probationer shall have the right to be
(c) devote himself to a specific employment and not to change said informed of the violation charged and to adduce evidence in his favor.
employment without the prior written approval of the probation - Court is not bound by the technical rules of evidence.
officer; - If the violation is established, the court may revoke or continue his probation and
modify the conditions thereof.
 o if revoked, the court shall order the probationer to serve the sentence
originally imposed.
- The order revoking the grant of probation or modifying the term and conditions is
not appealable.

SECTION 16. TERMINATION OF PROBATION

- Expiration of the probation period =/= automatically terminate probation
o There must first be issuance of an order of final discharge by the court
can the case of the probationer be deemed terminated.
- Effects of final discharge of the probationer:
o Shall operate to restore to him all civil rights lost or suspended as a
result of his conviction
o Totally extinguish his criminal liability as to the offense for which
probation was granted.
 Extinction of criminal liability =/= civil liability

OTHER NOTES:
- The application of Section 106 of the Administrative Code of Mindanao and Sulu
on the penalty on Moros and Non-Christians is discretionary to the court.