Notes On Indeterminate Sentence Law
Notes On Indeterminate Sentence Law
Notes On Indeterminate Sentence Law
In the application of the Indeterminate Sentence Law the judge will get the maximum penalty and likewise the minimum penalty. If
the accused was already able to serve the minimum term of his indeterminate sentence and upon the approval of the Board, the
accused now becomes eligible for parole. ISLAW is favorable to the accused.
The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal
liberty and economic usefulness. (People v. Onate, 78 SCRA 43) As a rule, it is intended to favor the accused particularly to shorten
his term of imprisonment, depending upon his behavior and his physical, mental, and moral record as a prisoner to be determined by
the Board of Indeterminate Sentence.
Indeterminate sentence is a sentence with a minimum term and a maximum benefit of a guilty person, who is not disqualified
therefore, when the maximum penalty of imprisonment exceeds one year. It applies to both violations of the RPC and special laws.
COVERAGE:
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 Code, and the MINIMUM TERM which shall be
within the range of the penalty next lower in degree to that prescribed by the Code for the offense.
The maximum is the penalty imposed as provided by law, depending upon the attending circumstances. The minimum is one degree
next lower to the penalty prescribed for the offense. The latter is determined without considering the attending circumstances to the
penalty prescribed, and is left to the discretion of the court. (People v. Yco, 6545, July 27, 1954)
Example: Homicide with one mitigating circumstance. The maximum penalty prescribed by law is Reclusion temporal. Since there
is one mitigating and no aggravating it will be in the minimum or reclusion temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion temporal without considering the mitigating circumstance and that will be prision
mayor. The range of prision mayor will depend upon the discretion of the court. Therefore, the indeterminate penalty is a minimum
of prision mayor (within the range fixed by the court) to a maximum of reclusion temporal minimum period.
2. Special 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. (Q11,
1994 Bar)
Example: Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3 years to 5 years.
The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the following exceptions:
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)
Application of ISLAW:
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?
Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.
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.
(More examples)
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 from reclusion temporal to
prision mayor. The 3rd mitigating circumstance shall place the penalty in the minimum period.
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
5 mitigating, NO aggravating
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period
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
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.
4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period