THE INDETERMINATE SENTENCE LAW

(R.A. No. 4103, effective Dec. 5, 1933)

A. Purpose To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of liberty and economic usefulness. Penalties shall not be standardized but fitted as far as is possible to the individual, with due regard to the imperative necessity of protecting the social order. ( People v. Ducosin, 59 Phil 109) . !overage ".#$%$&A' &('$) All persons convicted of certain crimes under Philippine courts *.$+!$PT,-%. (.ec. *)) 'aw will %-T apply to persons (") (*) (0) (1) (2) (3) (4) #!' o$ (5) "700) !onvicted of offense punishable with e!t" #e$!%t& o' %ife i(#'i)o$(e$t /hose maximum term of imprisonment oe) $ot e*cee o$e &e!' !onvicted of t'e!)o$, co$)#i'!c& o' #'o#o)!% to co((it t'e!)o$, (i)#'i)io$ of t'e!)o$ !onvicted of 'e+e%%io$, )e itio$, e)#io$!,e, !onvicted of #i'!c& /ho are "!+it-!% e%i$.-e$t) /ho e)c!#e co$fi$e(e$t /R ev! e )e$te$ce /R vio%!te t"e te'() of ! co$ itio$!% Persons !%'e! & )e$te$ce +& fi$!% 0- ,(e$t !t t"e ti(e t"i) Act 1!) !##'ove (6ec. 2,

!. &ules for Application &$!A'' distinctions) (") Penalty P&$.!&, $6 (by &P! or special law) (*) Penalty ,8P-.A '$ (after ta9ing circumstances into account) (0) Penalty ,8P-.$6 (after applying all rules under &P! and the ,ndeterminate .entence 'aw) If offe$)e i) #-$i)"e +& t"e R2C 8A+,8(8 term) maximum penalty imposable after ta9ing attending circumstances into account 8,%,8(8 term) range of penalty $e*t %o1e' to penalty prescribed :ormula for easy reference) /ffe$)eR2C 3 Mi$ (next lower to prescribed) to M!* (imposable) /ffe$)eS2ECIAL 3 Mi$ (at least that prescribed) to M!* (not exceed prescribed) 1. 2'oce -'e 1"e$ t"e c'i(e i) #-$i)"e +& t"e R2C (") 6erive MA4IM5M te'( i(#o)!+%e by applying rules for aggravating (A!) and ordinary mitigating circumstances (8!) under Art. 31 and for complex crimes under Art. 15. ") %o A! or 8!) Penalty P&$.!&, $6MEDI5M #e'io *) " A!, no 8!) Penalty P&$.!&, $6MA4IM5M #e'io 0) %o A!, " 8!) Penalty P&$.!&, $6MINIM5M #e'io 1) .everal A!s and 8!s) -::.$T then apply rules to remainder 2) %o A!, * or more 8!s) Penalty %$+T '-/$& ,% 6$#&$$ T- T;AT P&$.!&, $6 If offe$)e i) #-$i)"e +& ! )#eci!% %!1 8A+,8(8 term) shall not exceed the maximum term prescribed by the special law 8,%,8(8 term) shall not be less than the minimum term prescribed by the special law

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3) ,f !-8P'$+ !&,8$ (* or more grave or less grave felonies -& one offense is a necessary means for committing the other)) Penalty for the 8-.T .$&,-(. !&,8$8A+,8(8 P$&,-6 (*) 6erive MINIM5M te'( by getting the penalty one degree lower than the penalty prescribed by the &P!, without regard to its three periods. The court has discretion to fix as the minimum term any period of imprisonment within that penalty next lower to the penalty prescribed. E4CE2TI/N6 WHEN THERE IS A 2RI7ILE8ED MITI8ATIN8 CIRC5MSTANCE, o N/T fo%%o1 t"e !fo'e(e$tio$e '-%e. Co$)i e' t"e #'ivi%e,e (iti,!ti$, ci'c-()t!$ce 9IRST +efo'e !$& AC o' MC to ,et t"e 2ENALT: 2RESCRI;ED !$ t"e$ #'ocee !) 'e.-i'e +& t"e '-%e o$ e'ivi$, t"e (i$i(-( te'(. /t"e'1i)e, t"e (!*i(-( of t"e IS L!1 1i%% e$ -# +ei$, %o1e' t"!$ t"e (i$i(-( of t"e IS L!1.

To illustrate, note the following comparisons) !&,8$, circumstances, penalty prescribed and :ollowing the <regular= procedure for deriving the minimum and maximum term ". Penalty prescribed) reclusion temporal *. :or 8A+,8(8 term) -rdinarily, reclusion temporal medium. Ho1eve'6 ,ive$ t"e #'ivi%e,e (iti,!ti$, ci'c-()t!$ce, the penalty * degrees lower is prision correccional 0. :or 8,%,8(8 term) prision mayor medium 1. The absurd result of the application) The penalty ,8P-.A '$ is within the 8aximum term of P&,.,-% !-&&$!!,-%A' and the 8inimum term of P&,.,-% 8A?-& 8$6,(8. Applying the $xception with respect to the minimum term ". Penalty prescribed) reclusion temporal *. :or 8A+,8(8 term, ta9e the privileged mitigating circumstance into account) prision correccional medium (since there is no 8! nor A! left upon application of the privileged 8!) 0. :or 8,%,8(8 term, get the %$/ <penalty prescribed= first by applying the privileged mitigating circumstance (prision correctional). Then get the penalty one degree lower from the %$/ penalty prescribed) arresto mayor The penalty ,8P-.A '$ is within the 8aximum term of P&,.,-% !-&&$!!,-%A' 8$6,(8 and the 8inimum term of A&&$.T- 8A?-&. %-T$) this solution is permitted because the ,.'A/ is predicated on ordinary mitigating and generic aggravating circumstances only. (0) .ome sample solutions for different permutations under Art. 31 and 15 Table ") !&,8$, circumstances, and penalty prescribed ". ;omicide (Art. *17)) reclusion temporal *. %o 8! or A! Table *) !&,8$, circumstances, and penalty prescribed ". ;omicide (Art. *17)) reclusion temporal *. 8itigating circumstance of plea of guilt, %o A! Table 0) !&,8$, circumstances, and penalty prescribed ". ;omicide (Art. *17)) reclusion temporal *. Aggravating circumstance of Application of the ,. 'aw ". 8aximum term) reclusion medium *. 8inimum term) prision mayor temporal

". ;omicide (Art. *17)) reclusion temporal *. !ommitted by a person 7>"2 years old with discernment (Art. 35 mandates that the penalty to be imposed should be two degrees lower than the penalty prescribed) 0. %o other mitigating or aggravating circumstance

Application of the ,. 'aw ". *. 8aximum term) reclusion temporal minimum 8inimum term) prision mayor

Application of the ,. 'aw ". 8aximum term) reclusion maximum *. 8inimum term) prision mayor temporal

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recidivism, %o 8! Table 1) !&,8$, circumstances, and penalty prescribed ". ;omicide (Art. *17)) reclusion temporal *. Aggravating circumstance of nighttime 0. 8itigating circumstances of voluntary surrender and plea of guilt 1. -::.$TT,%# the 8!s with the A! would yield one 8! Table 2) !&,8$, circumstances, and penalty prescribed ". !omplex crime of frustrated homicide with assault upon an agent of a person in authority (Arts. *17, 3, "15, and 15) Penalty for frustrated homicide) (one degree lower from reclusion temporal) prision mayor Penalty for assault) prision correccional in its medium and maximum periods Penalty for the complex crime) P&,.,-% 8A?-& (penalty for the graver offense) *. %o 8!s or Acs <. 2'oce -'e 1"e$ t"e c'i(e i) #-$i)"e +& ! )#eci!% %!1 (") (*) (0) MA4IM5M TERM) !ourt may fix any as long as it does not exceed the penalty prescribed by the special law MINIM5M TERM) !ourt has discretion so long as it does not exceed the minimum prescribed by the special law $xample) for the crime of illegal possession of firearms, not used for rebellion or sedition, the ,. 'aw range is anywhere between ">2 years.

Application of the ,. 'aw

:-''-/ TA '$ * P&-!$6(&$

Application of the ,. 'aw ". 8aximum term) prision mayor maximum *. 8inimum term) prision correctional

6. ,nstitutions involved ". -A&6 -: PA&6-%. A%6 PA&-'$ (") Co(#o)itio$) .ecretary of @ustice (!hairman) and 1 members to be appointed by the President (with the consent of the !ommission on Appointments) under 3 year terms. oard members should include a trained )ocio%o,i)t, c%e',&(!$=e -c!to', #)&c"i!t'i)t . At least one member should be a 1o(!$. (*) Co(#e$)!tio$) 2A pesos for each meeting actually attended and reimbursement for actual and necessary traveling expenses incurred. 8aximum of 0 board meetings per wee9. (0) 2o1e') !$ f-$ctio$) ") Authorized to adopt rules and regulations necessary to carry out its functions *) !an call upon any bureau, office, branch, subdivision, agency, or #overnment instrumentality for assistance in the performance of its functions 0) 6ecisions will be arrived at by 8A@-&,T? B-T$. A Cuorum will be constituted by a 8A@-&,T?. 6issent from the maDority opinion will be reduced to writing and filed with the records of the proceedings. *. -A&6 -: ,%6$T$&8,%AT$ .$%T$%!$

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(") 2o1e') !$ f-$ctio$) ") 'oo9 into the physical, mental, and moral record of the prisoners who shall be eligible for parole to determine proper time of release of such prisoners *) W"e$ ! #'i)o$e' "!) )e've t"e (i$i(-( #e$!%t& i(#o)e , the oard may authorize release of the prisoner on parole) a) ased on reports of the prisoner=s wor9 and conduct, it is shown that the prisoner is fitted by his training for release b) There is a reasonable probability that such prisoner will live and remain at liberty without violating the law c) &elease will not be incompatible with the welfare of society (*) 2'oce -'e fo' 'e%e!)e of #'i)o$e' ") *) oard must file with the court which passed Dudgment on the case and with the P%P !hief a ce'tifie co#& of e!c" o' e' of co$ itio$!% o' fi$!% 'e%e!)e !$ i)c"!',e . Prisoner released may be designated specific conditions as to his parole, and reCuired to report personally to such government officials or other parole officers appointed by the oard for a period of .(&B$,''A%!$ eCuivalent to the remaining portion of the maximum sentence imposed upon him -& until final release and discharge by the oard. 6esignated parole officers shall 9eep records and reports reCuired by the oard. oard may fix the limits on the residence of the paroled prisoner or change it from time to time. ,f during the period of surveillance the prisoner shows himself to be a law>abiding citizen and shall %-T violate any laws, the oard may issue a fi$!% ce'tific!te of 'e%e!)e !$ i)c"!',e. ,f prisoner violates any of the conditions of his parole, the oard may i))-e !$ o' e' fo' 'e>!''e)t of t"e #'i)o$e'. The prisoner re>arrested shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison, unless the oard grants him new parole.

0) 1)

2)

INDETERMINATE SENTENCE LAW (Act No. 4103, as amended, Dec. 5, 1933 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, 7 !"#$ %3& $s a rule, it is intended to favor the accused particularly to shorten his term of imprisonment, dependin' upon his behavior and his physical, mental, and moral record as a prisoner to be determined by the (oard of )ndeterminate !entence.

. Indeterminate sentence is a sentence with a minimum term and a maximum benefit of a 'uilty person, who is not dis*ualified therefore, when the maximum penalty of imprisonment exceeds one year. )t applies to both violations of the #P" and special laws.

C!"ERA#E$ +. #evised Penal "ode T%e co&'t s%a(( sentence t%e acc&sed to an )ndete'm)nate sentence t%e MA*IM+M TERM o, -%)c% s%a(( .e t%at -%)c%, )n /)e- o, t%e attend)n0 c)'c&mstances, co&(d .e 1'o1e'(2 )m1osed &nde' t%e Code, and t%e MINIM+M TERM -%)c% s%a(( .e -)t%)n t%e 'an0e o, t%e 1ena(t2 next lower )n de0'ee to t%at 1'esc').ed .2 t%e Code ,o' t%e o,,ense. The maximum is the penalty imposed as provided by law, dependin' upon the attendin' circumstances. The minimum is one de'ree next lower to the penalty prescribed for the offense. The latter is determined without considerin' the attendin' circumstances to the penalty prescribed, and is left to the discretion of the court. (People v. ,co, -.%., /uly 27, +0.%& 1xample2 Homicide with one mitigating circumstance. The maximum penalty prescribed by law is #eclusion temporal. !ince there is one miti'atin' and no a''ravatin' it will be in the minimum or reclusion temporal minimum period. On the other hand, the minimum is one de'ree next lower to reclusion temporal without considerin' the miti'atin' circumstance and that will be prision mayor. The ran'e of prision mayor will depend upon the discretion of the court. Therefore, the indeterminate penalty is a minimum of prision mayor (within the ran'e fixed by the court& to a maximum of reclusion temporal minimum period. 2. !pecial 3aw T%e co&'t s%a(( sentence t%e acc&sed to an )ndete'm)nate sentence, t%e MA*IM+M TERM o, -%)c% s%a(( not e3ceed t%e maximum ,)3ed .2 sa)d (a- and t%e minimum s%a(( not .e (ess t%an t%e MINIM+M TERM 1'esc').ed .2 t%e same. (4++, +00% (ar& 1xample2 Penalty is one year to 5 years. )ndeterminate sentence may be one year to 3 years or 3 years to . years. T%)s act s%a(( not a11(2 to 1e'sons$ +. Convicted of offenses punished with death or life imprisonment. (4+2, +005 (ar& 2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition or espionage, or piracy. 3. Those who are habitual delinquents. #ecidivists are entitled to an indeterminate sentence. (People v. /aranilla, 2 .%7, 6eb. 22, +07%& %. Those who shall have escaped from confinement or evaded sentence. $ minor who escaped from confinement in the reformatory is entitled to the benefits of the law because confinement is not considered imprisonment. (People v. Pere7, %% O8 3 %& (4-, +00+ (ar& .. Those who having been granted conditional pardon by the President shall have violated the terms thereof. -. Those whose maximum period of imprisonment does not exceed one year. (4 , +000 (ar& The application of which is based upon the penalty actually imposed in accordance with law. (People v. 9idal'o, %.2, /an. 22, +0-2& 7. Those already serving final udgment upon the approval of this !ct "#ecember 5, $%&&'. . Those sentenced to the penalty of destierro or suspension. (4+2, +000 (ar& :henever any prisoner who shall have served the minimum penalty imposed on him, said (oard of )ndeterminate !entence may, in its discretion, and in accordance with the rules and re'ulations adopted

thereunder, authori7e the release of such prisoner on parole. )f durin' the period of surveillance, such parolee shall show himself to be a law;abidin' citi7en and shall not violate any of the laws of the Philippines, the (oard may issue a final certificate of release in his favor. :henever any prisoner released on parole shall, durin' the period of surveillance, violate any of the conditions of his parole, the (oard may issue an order for his re;arrest and shall serve the remainin' unexpired portion of the maximum sentence. The application of the )ndeterminate !entence 3aw is mandatory if the imprisonment would exceed one year. )t would be favorable to the accused. (People v. /ud'e 8erman 3ee, /r., - .0, !ept. +2, +0 %& ACT N!. 4103 (As Amended .2 Act No. 4445 and Re1&.()c Act No. 4403 56&ne 19, 19758 AN ACT T! 9R!"IDE :!R AN INDETERMINATE SENTENCE AND 9AR!LE :!R ALL 9ERS!NS C!N"ICTED !: CERTAIN CRIMES ;< T=E C!+RTS !: T=E 9=ILI99INE ISLANDS> T! CREATE A ;!ARD !: INDETERMINATE SENTENCE AND T! 9R!"IDE :+NDS T=ERE:!R> AND :!R !T=ER 9+R9!SES. !ection +. 9ereafter, in imposin' a prison sentence for an offense punished by the #evised Penal "ode, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attendin' circumstances, could be properly imposed under the rules of the said "ode, and the minimum which shall be within the ran'e of the penalty next lower to that prescribed by the "ode for the offense< and if the offense is punished by any other 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. !ec. 2. This $ct shall not apply to persons convicted of offenses punished with death penalty or life; imprisonment< to those convicted of treason, conspiracy or proposal to commit treason< to those convicted of misprision of treason, rebellion, sedition or espiona'e< to those convicted of piracy< to those who are habitual delin*uents< to those who have escaped from confinement or evaded sentence< to those who havin' been 'ranted conditional pardon by the "hief 1xecutive shall have violated the terms thereof< to those whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final =ud'ment at the time of approval of this $ct, except as provided in !ection . hereof. !ec. 3. There is hereby created a (oard of Pardons and Parole to be composed of the !ecretary of /ustice who shall be its "hairman, and four members to be appointed by the President, with the consent of the "ommission on $ppointments who shall hold office for a term of six years2 Provided, That one member of the board shall be a trained sociolo'ist, one a cler'yman or educator, one psychiatrist unless a trained psychiatrist be employed by the board, and the other members shall be persons *ualified for such wor> by trainin' and experience. $t least one member of the board shall be a woman. Of the members of the present board, two shall be desi'nated by the President to continue until ?ecember thirty, nineteen hundred and sixty;six and the other two shall continue until ?ecember thirty, nineteen hundred and sixty;nine. )n case of any vacancy in the membership of the (oard, a successor may be appointed to serve only for the unexpired portion of the term of the respective members. !ec. %. The (oard of Pardons and Parole is authori7ed to adopt such rules and re'ulations as may be necessary for carryin' out its functions and duties. The (oard is empowered to call upon any bureau, office, branch, subdivision, a'ency or instrumentality of the 8overnment for such assistance as it may need in connection with the performance of its functions. $ ma=ority of all the members shall constitute a *uorum and a ma=ority vote shall be necessary to arrive at a decision. $ny dissent from the ma=ority opinion shall be reduced to writin' and filed with the records of the proceedin's. 1ach member of the (oard, includin' the "hairman and the 1xecutive Officer, shall be entitled to receive as compensation fifty pesos for each meetin' actually attended by him, notwithstandin' the provisions of !ection two hundred and fifty;nine of the #evised $dministrative "ode, and in addition thereto, reimbursement of actual and necessary travelin' expenses incurred in the performance of duties2 Provided, however, That the (oard meetin's will not be more than three times a wee>. !ec. .. )t shall be the duty of the (oard of )ndeterminate !entence to loo> into the physical, mental and moral record of the prisoners who shall be eli'ible to parole and to determine the proper time of release of such prisoners. :henever any prisoner shall have served the minimum penalty imposed on him, and it shall appear to the (oard of )ndeterminate !entence, from the reports of the prisoner@s wor> and conduct which may be received in accordance with the rules and re'ulations prescribed, and from the study and investi'ation made by the (oard itself, that such prisoner is fitted by his trainin' for release, that there is a reasonable probability that such prisoner will live and remain at liberty without violatin' the law, and that such release will not be incompatible with the welfare of society, said (oard of )ndeterminate !entence may, in its discretion, and in accordance with the rules and re'ulations adopted hereunder, authori7e the release of such prisoner on parole,

7 upon such terms and conditions as are herein prescribed and as may be prescribed by the (oard. The said (oard of )ndeterminate !entence shall also examine the records and status of prisoners who shall have been convicted of any offense other than those named in !ection 2 hereof, and have been sentenced for more than one year by final =ud'ment prior to the date on which this $ct shall ta>e effect, and shall ma>e recommendation in all such cases to the 8overnor;8eneral with re'ard to the parole of such prisoners as they shall deem *ualified for parole as herein provided, after they shall have served a period of imprisonment not less than the minimum period for which they mi'ht have been sentenced under this $ct for the same offense. !ec. -. 1very prisoner released from confinement on parole by virtue of this $ct shall, at such times and in such manner as may be re*uired by the conditions of his parole, as may be desi'nated by the said (oard for such purpose, report personally to such 'overnment officials or other parole officers hereafter appointed by the (oard of )ndeterminate !entence for a period of surveillance e*uivalent to the remainin' portion of the maximum sentence imposed upon him or until final release and dischar'e by the (oard of )ndeterminate !entence as herein provided. The officials so desi'nated shall >eep such records and ma>e such reports and perform such other duties hereunder as may be re*uired by said (oard. The limits of residence of such paroled prisoner durin' his parole may be fixed and from time to time chan'ed by the said (oard in its discretion. )f durin' the period of surveillance such paroled prisoner shall show himself to be a law;abidin' citi7en and shall not violate any of the laws of the Philippine )slands, the (oard of )ndeterminate !entence may issue a final certificate of release in his favor, which shall entitle him to final release and dischar'e. !ec. 7. The (oard shall file with the court which passed =ud'ment on the case, and with the "hief of "onstabulary, a certified copy of each order of conditional or final release and dischar'e issued in accordance with the provisions of the next precedin' two sections. !ec. . :henever any prisoner released on parole by virtue of this $ct shall, durin' the period of surveillance, violate any of the conditions of his parole, the (oard of )ndeterminate !entence may issue an order for his re; arrest which may be served in any part of the Philippine )slands by any police officer. )n such case the prisoner so re;arrested shall serve the remainin' unexpired portion of the maximum sentence for which he was ori'inally committed to prison, unless the (oard of )ndeterminate !entence shall, in its discretion, 'rant a new parole to the said prisoner. !ec. 0. Aothin' in this $ct shall be construed to impair or interfere with the powers of the 8overnor;8eneral as set forth in !ection -%(i& of the #evised $dministrative "ode or the $ct of "on'ress approved $u'ust 20, +0+entitled B$n $ct to declare the purpose of the people of the Cnited !tates as to the future political status of the people of the Philippine )slands, and to provide a more autonomous 'overnment for those )slands.B !ec. +5. :henever any prisoner shall be released on parole hereunder he shall be entitled to receive the benefits provided in !ection +7.+ of the #evised $dministrative "ode. $pproved2 ?ecember ., +033.