ACT NO.

4103
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])

INDETERMINATE
SENTENCE LAW
(ISLAW)

ACT NO. 4103

As amended by Act No. 4225 &RA 4203
 ISLAW
The basic mandate of the Indeterminate Sentence Law is the imposition of an

indeterminate sentence which is comprised by a MINIMUM term and a

MAXIMUM term.

The court instead of imposing a “straight” penalty, the court must determine two

penalties. 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.

 Indeterminate
sentence
• Is a sentence with a minimum and a
maximum term 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
Revised Penal Code (RPC) and Special
Penal Laws.(SPL)
 GENERAL RULE
• All persons convicted of any crimes under
Philippine courts regardless whether it is in
violation of RPC or SPL, are qualified for the
application of Indeterminate Sentence Law.

EXCEPTIONS:
Those persons specifically disqualified by law
The Indeterminate Sentence Law is mandatory in all

cases, EXCEPT if the accused will fall in any of the

following exceptions:
 6. those who escaped from prison or evaded
1. if sentenced with a penalty of death or sentence
life imprisonment 7. those who violated the terms of conditional
2. if convicted of treason, conspiracy, pardon of the chief executive
proposal to commit treason 8. where the maximum term of imprisonment
3. if convicted of misprision of treason, does not exceed 1 year (important!)
sedition, rebellion or espionage 9. if convicted by final judgement at the time
4. if convicted of piracy of the effectivity of Act No. 4103
5. if the offender is a habitual delinquent 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.

Note: Recidivists are entitled to an indeterminate sentence

 RECIDIVISM HABITUAL DELINQUENTS

As to the CRIME committed It is sufficient that the accused on The crimes are specified
the date of his trial, shall have been
previously convicted by final
judgement of another crime
embraced in the same title of the
RPC
As to the period of the time the No period of time between the The offender is found guilty of any of
crimes are committed former conviction and the last the crimes specified within ten years
conviction id fixed by law. from his last release or last
conviction
As to the number of crimes The second conviction for an offense The accused must be found guilty third
committed embraced in the same title of the time or oftener of any of the crimes
RPC is sufficient specified

As to their effects If not offset by a mitigating circumstance, If there is habitual delinquency, an

serve to increase the penalty to the additional penalty is also imposed
maximum
 WHY ISLAW IS
MANDATORY?
• 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.
APPLICATION
OF ISLAW
How to get the MAXIMUM and How to get the MAXIMUM and
MINIMUM penalty in Special MINIMUM penalty in Revised
law: Penal Code
Example: In the crime of homicide, under the Revised
1. The Maximum penalty should Penal Code, the offender is sentenced to reclusion
NOT exceed the Maximum temporal.
provided for by the law. The maximum penalty under the Indeterminate
2. The minimum penalty should NOT Sentence Law is reclusion temporal. But reclusion
fall below the Minimum provided temporal is a divisible penalty consisting of maximum,
by the law. 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
 In getting the minimum penalty, the
rule is to simply get the penalty one
(1) degree lower from the maximum
Which period will the penalty without taking into account
maximum penalty be the mitigating and aggravating
circumstance.
placed?
Thus, the penalty one degree lower
In pursuant to art 64, when there from reclusion temporal, without
is no mitigating and no taking into account any mitigating
aggravating circumstance, it or aggravating circumstance, is
should be placed at the medium prision mayor. Prision mayor is
now the minimum penalty for our
period. Thus, the maximum
example.
penalty for the example above
is reclusion temporal in the What is the
medium period. Minimum Penalty
Now?
IMPORTANT: If your maximum penalty is wrong, it follows that the minimum penalty
will also be wrong

Again, prision mayor is a

divisible penalty. Which period Factors that could affect
can it be placed? the imposition of
Under the Indeterminate
Sentence Law, it would depend
minimum penalty:
upon the discretion of the court
on which period to place it. 1.Age
Thus, the minimum penalty is
prision mayor in any of its
2. Conduct during trial
period. 3. Mental or physical
condition
 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.

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.
MORE
EXAMPLES
1 mitigating but NO 2 mitigating, NO aggravating
aggravating (privileged mitigating)

maximum penalty: reclusion maximum penalty: prision

temporal in the minimum mayor in the medium period
period
minimum penalty: prision
minimum penalty: prision correctional any period
mayor in any period
The preceding example is an exception to Remember: It will never
the rule. If there is a privileged mitigating become a privileged mitigating
circumstance, we take it into account first in circumstance if there is an
order to obtain the proper maximum aggravating circumstance
penalty. Then, from that maximum penalty, present. 8 mitigating and 1
we obtain the proper minimum penalty by aggravating will never become
getting the penalty 1 degree lower. Same privileged mitigating
rule applies as to the period of the minimum circumstance.
penalty.
3 mitigating, NO aggravating In the preceding example, there are 3
mitigating circumstance present and no
aggravating circumstance. The first two
maximum penalty: prision mayor in mitigating circumstance shall be a
the minimum period privileged mitigating circumstance.

Thus, the penalty will be reduced by 1

minimum penalty: prision correctional degree from reclusion temporal to prision
any period mayor. The 3rd mitigating circumstance
shall place the penalty in the minimum
period.
4 mitigating, NO aggravating 5 mitigating, NO aggravating

maximum penalty: prision

maximum penalty: prision
correctional in the minimum
correctional in the medium period
period
(2 privileged circumstance. Thus we
lower by 2 degrees) minimum penalty: arresto
mayor any period
minimum penalty: arresto mayor any
period
At most we can only lower by 2 1 Aggravating , No Mitigating
degrees. Thus, if there are 6
mitigating circumstance and NO
Penalty PRESCRIBED
maximum period
aggravating:
maximum penalty: prision
correctional in the minimum period
minimum penalty: arresto mayor any
period
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.
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LISTENING!
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 Indeterminate Sentence Law
(ISLAW): How to determine
maximum and minimum penalties

SECTION 1 SECTION. 3

SECTION 2 SECTION. 4