SPL OUTLINE JUNO BATISTIS v PEOPLE (2009)
Indeterminate Sentence Law (Act No. 4103)
1. What is the law on Indeterminate Sentence?
2. Who are qualified/disqualified to avail the benefits under
ISLAW?
3. How shall it be applied?
*Attys Discussion (By Section)
REMEMBER SECTION 1
(applicable to SPL) ..if the offense is punished by another
law, the court shall sentence the accused to an
indeterminate sentence, the maximum shall not
exceed the maximum fixed by the said law and the
minimum shall not be less than the minimum term
prescribed by the same..
example: violation of election gun ban whose
prescribed penalty is 1 yr - 6 yrs
ans: IS shall not exceed the range given by the
SPL so w/n 1yr-6yrs ang answer
Section 2 (Memorize)
Those who are disqualified under this Act:
1. Offenses punishable by death or life imprisonment;
2. Convicted of treason, conspiracy or proposal to commit
treason;
3. Convicted of misprision of treason, rebellion, sedition,
espionage;
4. Convicted of piracy;
5. Habitual delinquent;
6. Those who escaped confinement or evaded sentence;
7. Those who having been granted of conditional pardon
by the Chief Executive shall have violated the terms
thereof;
8. Those whose maximum term does not exceed 1 year;
9. Those who have already sentenced by final judgment at
the time of the approval of this Act except as
provided in Section 5 hereof.
NOTE:
- Reclusion Perpetua is included for disqualification
- Recidivist can still apply for ISLAW
What is the significance of computing the minimum term?
FOR APPLYING PAROLE
PAROLE v PROBATION
Parole - the accused have to serve the minimum term before
he can qualify
Probation - the accused need not to serve his sentence
How long does the parolee observe his parole?
- Until he had reached the maximum sentence
- He is not automatically released after maximum term
there is a need for a final release
The imposition of an indeterminate sentence with
maximum and minimum periods in criminal cases not
excepted from the coverage of the Indeterminate Sentence
Law pursuant to its Section 2 is mandatory.
EXCEPTION: application of the Indeterminate Sentence
Law would be unfavorable to the accused by lengthening his
prison sentence (PP v. Nang Kay)
JARILLO v. PEOPLE (2010)
The Indeterminate Sentence Law leaves it entirely
within the sound discretion of the court to determine the
minimum penalty, as long as it is anywhere within the range
of the penalty next lower without any reference to the
periods into which it might be subdivided.
Applying the foregoing rule, it is clear that the
penalty imposed on petitioner is proper. However, for
humanitarian purposes, the Court deems it proper to reduce
the penalty imposed by the lower courts.
PD No. 968 - Probation Law of 1976
as amended by RA 10707
1. What is the purpose of the Probation Law?
2. Definition of terms
3. How shall it be applied?
4. Who are qualified/disqualified to avail of the benefits
under the law?
*Attys Discussion
Only applicable if the accused posted bail
If one of the several defendants appeal a non-bailable
penalty and was granted the others who did not cannot
avail the same since their judgment became final.
Purpose:
1. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
2. Provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and
3. Prevent the commission of an offenses.
PROBATION: is a disposition under which the defendant,
after conviction and sentence, is released subject to the
conditions imposed by the court and to the supervision of a
probation officer.
The filing of the application shall be deemed a waiver of
the right to appeal
An order granting or denying probation shall not be
appealable
Disqualified offenders (Section 9)
1. Those sentenced to serve a maximum term of
imprisonment of more than 6 years
2. Those convicted of crimes against national security;
3. Those who were previously convicted by final
judgment of an offense punished by imprisonment
of more than 6 months and 1 day and/or a fine not
more than 1,000;
4. Those who have been once on probation under the
provision of this Decree; and
5. Those who have already served their sentence at the
time of the substantive provisions of this Decree is
applicable pursuant to Section 33 hereof.