CRIMINAL LAW 1 – INDETERMINATE SENTENCE LAW

INDETERMINATE SENTENCE LAW SECTION 3. There is hereby created a Board of

(Act No. 4103 as amended by Act No. 4225) Pardons and Parole to be composed of the
Secretary of Justice who shall be its chairman, and
AN ACT TO PROVIDE FOR AN INDETERMINATE four members to be appointed by the President,
SENTENCE AND PAROLE FOR ALL PERSONS with the consent of the Commission on
CONVICTED OF CERTAIN CRIMES BY THE Appointments who shall hold office for a term of six
COURTS OF THE PHILIPPINE ISLANDS; TO years: Provided, That one member of the board
CREATE A BOARD OF INDETERMINATE shall be a trained sociologist, one a clergyman or
SENTENCE AND TO PROVIDE FUNDS educator, one psychiatrist unless a trained
THEREFOR AND FOR OTHER PURPOSES. psychiatrist be employed by the board, and the
other members shall be persons qualified for such
SECTION 1. Hereafter, in imposing a prison work by training and experience. At least one
sentence for an offense punished by the Revised member of the board shall be a woman. Of the
Penal Code, or its amendments, the court shall members of the present board, two shall be
sentence the accused to an indeterminate sentence designated by the President to continue until
the maximum term of which shall be that which, in December thirty, nineteen hundred and sixty-nine.
view of the attending circumstances, could be In case of any vacancy in the membership of the
properly imposed under the rules of the said Code, Board, a successor may be appointed to serve only
and the minimum of which shall be within the range for the unexpired portion of the term of the
of the penalty next lower to that prescribed by the respective members. (As amended by R.A. No.
Code for the offense; and if the offense is punished 4203, approved June 19, 1965.)
by any other law, the court shall sentence the
accused to an indeterminate sentence, the SECTION 4. The Board of Pardons and Parole is
maximum term of which shall not exceed the authorized to adopt such rules and regulations as
maximum fixed by said law and the minimum shall may be necessary for carrying out its functions and
not be less than the minimum term prescribed by duties. The Board is empowered to call upon any
the same. (As amended by Act No. 4225) bureau, office, branch, subdivision, agency, or
instrumentality of the Government for such
SECTION 2. This Act shall not apply to persons assistance as it may need in connection with the
convicted of offenses punished with death penalty performance of its functions. A majority of all the
or life-imprisonment; to those convicted of treason, members shall constitute a quorum and a majority
conspiracy or proposal to commit treason; to those vote shall be necessary to arrive at a decision. Any
convicted of misprision of treason, rebellion, dissent from the majority opinion shall be reduced
sedition or espionage; to those convicted of piracy; to writing and filed with the records of the
to those who are habitual delinquents; to those who proceedings. Each member of the Board, including
shall have escaped from confinement or evaded the Chairman and Executive Officer, shall be
sentence; to those who having been granted entitled to receive as compensation Fifty pesos for
conditional pardon by the Chief Executive shall each meeting actually attended by him,
have violated the terms thereof; to those whose notwithstanding the provisions of Sec. 259 of the
maximum term of imprisonment does not exceed Revised Administrative Code, and in the addition
one year, nor to those already sentenced by final thereto, reimbursement of actual and necessary
judgment at the time of approval of this Act, except traveling expenses incurred in the performance of
as provided in Section five hereof. (As amended by duties: Provided, however, That the Board meeting
Act No. 4225) will not be more than three times a week. (As
amended by R.A. No. 4203)

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 CRIMINAL LAW 1 – INDETERMINATE SENTENCE LAW

Board of Indeterminate Sentence for a period of

SECTION 5. It shall be the duty of the Board of surveillance equivalent to the remaining portion of
Indeterminate Sentence to look into the physical, the maximum sentence imposed upon him or until
mental and moral record of the prisoners who shall final release and discharge by the Board of
be eligible to parole and to determine the proper Indeterminate Sentence as herein provided, x x x.
time of release of such prisoners. Whenever any The limits of residence of such paroled prisoner
prisoner shall have served the minimum penalty during his parole may be fixed and from time to
imposed on him, and it shall appear to the Board of time changed by the said Board in its discretion. If
Indeterminate Sentence, from the reports of the during the period of surveillance such paroled
prisoner's work and conduct which may be received prisoner shall show himself to be a law-abiding
in accordance with the rules and regulations citizen and shall not violate any of the laws of the
prescribed and from the study and investigation Philippine Islands, the Board of Indeterminate
made by the Board itself, that such prisoner is fitted Sentence may issue a final certification of release
by his training for release that there is a reasonable in his favor, which shall entitle him to final release
probability that such prisoner will live and remain at and discharge.
liberty without violating the law, and that such
release will not be incompatible with the welfare of SECTION 7. The Board shall file with the court
society, said Board of Indeterminate Sentence may, which passed judgment on the case and with the
in its discretion, and in accordance with the rules Chief of Constabulary, a certified copy of each
and regulations adopted hereunder, authorize the order of conditional or final release and discharge
release of such prisoner on parole, upon such issued in accordance with the provisions of the next
terms and conditions as are herein prescribed and preceding two sections.
as may be prescribed by the Board. The said Board
of Indeterminate Sentence shall also examine the SECTION 8. Whenever any prisoner released on
records and status of prisoners who shall have parole by virtue of this Act shall, during the period
been convicted of any offense other than those of surveillance, violate any of the conditions of his
named in Section two hereof, and have been parole, the Board of Indeterminate Sentence may
sentenced for more than one year by final judgment issue an order for his arrest which may be served in
prior to the date on which this Act shall take effect, any part of the Philippine Islands by any police
and shall make recommendations in all such cases officer. In such case the prisoner so rearrested
to the Governor General (President of the shall serve the remaining unexpired portion of the
Philippines) with regard to the parole of such maxi- mum sentence for which he was originally
prisoners as they shall deem qualified for parole as committed to prison, unless the Board of
herein provided, after they shall have served a Indeterminate Sentence shall, in its discretion,
period of imprisonment not less than the minimum grant a new parole to the said prisoner. (As
period for which they have been sentenced under amended by Act No. 4225)
this Act for the same offense.
The Indeterminate Sentence Law (ISLAW)
SECTION 6. Every prisoner released from The ISL requires the courts to impose an
confinement on parole by virtue of this Act shall, at indeterminate sentence with a maximum and
such times and in such manner as may be required minimum term for offenses punishable by the RPC
by the conditions of his parole, as may be and special laws. With the passage of the ISL, the
designated by the said Board for such purpose, law created a prison term consisting of a minimum
report personally to such government officials or and a maximum term – indeterminate sentence
other parole officers hereafter appointed by the

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The ISL aims to individualize administration reference to the periods which it may be
of criminal law. The penalty is considered subdivided.
“indeterminate” because after the convict serves Under the ISL (Act No. 4103, as amended),
the minimum sentence, he or she may be eligible if the offense is punishable under the RPC, the
for parole, which leaves the period between the minimum penalty should be within any of the
maximum and minimum, which, under the periods of the penalty next lower in degree to that
conditions set out, be released from serving said prescribed by law, and the maximum thereof should
period in whole or in part. be within the proper period of the penalty that may
The court must determine two penalties be imposed were the sentence is a straight penalty.
The court must, instead of a single fixed Note: This is not in accordance with the
penalty, determine two penalties, referred to as the ruling in People vs. Ducosin, supra.
"MAXIMUM" and "MINIMUM" terms. The law Hence, if the minimum of the indeterminate
should be applied in imposing a prison sentence for sentence is arresto mayor in its minimum and
a crime punishable either by special law or by the medium, which has a duration of 2 months and 1
RPC. day to 4 months, the court may impose 4 months of
imprisonment, even if there is no aggravating.
When the crime is punished by a special law — When there is a privileged mitigating, so
Maximum: Shall not exceed the max fixed by law that the penalty has to be lowered by one degree,
Minimum: Shall not be less than the min the starting point for determining the minimum
prescribed. (Sec. 1, Act No. 4103) penalty next lower from that prescribed for the
offense.
When the crime is punished by the Code —
Maximum: that which could be properly imposed Application of Indeterminate Sentence Law —
under the rules of the RPC in view of the attending Under Special law:
circumstances A is convicted of illegal possession of
Minimum: within the range of the penalty next lower firearm punishable by 1 year 1 day to 5 years.
to that prescribed by the Code for the offense. The indeterminate sentence can be from 2
(Sec. 1, Act No. 4103 as amended by Act No. years 1 day, as minimum, to 4 years, as maximum;
4225) 2 years 1 day to 3 years; or 3 years 1 day to 5
The mitigating or aggravating circumstance years.
is required to be considered only in the imposition The maximum term of the example does not
of the maximum term of the indeterminate exceed the maximum of 5 years prescribed by the
sentence. law, and the minimum is not less than the minimum
The court cannot put the minimum penalty of 1 year and 1 day prescribed.
in the same period and the same degree as the
maximum penalty, because the minimum penalty Under the Revised Penal Code:
"shall be within the range of the penalty next lower A is convicted of falsification of official
to that prescribed by the Code for the offense. document by a public officer penalized by prision
The penalty next lower must be based on mayor. Plea of guilty is a mitigating circumstance.
the penalty prescribed by the Code, without To determine the penalty next lower,
considering in the meantime the mitigating or disregard first the mitigating circumstance of plea of
aggravating. guilty. Hence, prision mayor in its full extent, the
In determining the minimum term, it is left penalty prescribed, should be the basis, and not
within the discretion of the court to fix it anywhere prision mayor minimum, because it is not the
within the range of the penalty next lower without penalty prescribed by the Code for the offense.

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Prision mayor minimum becomes the proper considering any modifying circumstance attendant
penalty only because of the presence of the to the crime.
mitigating circumstance of plea of guilty. The
penalty next lower is prison correccional. Therefore, People vs. Gabres, 267 SCRA 581
the indeterminate sentence will be: The determination of the minimum penalty
Maximum — prision mayor in its proper period after is left to the discretion of the court and it can be
considering the mitigating circumstance. anywhere within the range of the penalty next
Minimum — prison correccional, in any of its lower. The modifying circumstances are considered
periods or anywhere within the range of prision only in the imposition of the maximum term of the
correccional without reference to any of its periods. indeterminate sentence.
Illustrations of indeterminate penalty based on
The maximum term is determined according to Arts. 48, 61, 64, 68, 69, etc. of the RPC
the rules of the Code 1. Indeterminate penalty, when neither mitigating
The maximum term of the indeterminate circumstance nor aggravating circumstance
penalty is determined in any case punishable under attended the crime. (Art. 64, par. 1)
the RPC in accordance with the rules and
provisions of the Code exactly as if the A was prosecuted for, and was found guilty
Indeterminate Sentence Law had never been after a regular trial of, homicide under Art. 249
enacted. which prescribes the penalty of reclusion temporal.
The rules and provisions which must be There being no mitigating or aggravating
applied to determine the maximum of the circumstance, the maximum term of the
indeterminate penalty are those in Arts. 46, 48, 50 indeterminate penalty, which is reclusidn temporal,
to 57, 61, 62 (except par. 5), 64, 65, 68, 69, and 71. should be imposed in the medium period. (Art. 64,
par. 1)
The rules of the Code are not applicable in The minimum term of the indeterminate penalty
fixing the minimum term is anywhere within the range of prison mayor, the
The rules and provisions in those articles, penalty next lower from reclusion temporal (Art.
particularly Arts. 50 to 57, 62, 64 and 65, are not 71), with or without reference to the period into
applicable in fixing the minimum term of the which it may be subdivided
indeterminate penalty. The duration of the minimum
term is within the range of the penalty next lower to 2. Indeterminate penalty, when there is one
that prescribed by the Code for the offense, without ordinary mitigating circumstance. (Art. 64, par.
regard to its three periods. The court has the 2)
discretion to fix as the minimum term any period of
imprisonment within the penalty next lower to that In the preceding example, if A pleaded guilty
prescribed by the Code for the offense. before the presentation of evidence by the
prosecution, there being no aggravating to offset it,
When modifying circumstances considered the maximum term of the indeterminate penalty,
Under the Indeterminate Sentence Law, the which is reclusion temporal, should be imposed in
maximum term of the penalty shall be 'that which, in the minimum period. (Art. 64, par. 2)
view of the attending circumstances, could be
properly imposed' under the RPC, and the People vs. De Joya, 98 Phil. 238, 240
minimum shall be 'within the range of the penalty The minimum term of the indeterminate penalty
next lower to that prescribed', without first is also anywhere within the range of prison mayor,
the penalty next lower from reclusion temporal, with

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or without reference to the period into which it may of a person in authority under Art. 249, in
be subdivided. His plea of guilty is required to be relation to Art. 6, Art. 148, and Art. 48. The
considered (by way of mitigation) only in the penalty for homicide is reclusion temporal.
imposition of the maximum term of his sentence. Being frustrated, the penalty should be one
degree lower (Art. 50) or prison mayor. The
3. Indeterminate penalty, when there is only an penalty for assault is prison correccional in its
aggravating circumstance. (Art. 64, par. 3) medium and maximum.
Therefore, the penalty for the complex crime is
In No. 1, if in the execution of the crime prison mayor, the penalty for the graver offense,
concurred the generic aggravating circumstances the same to be applied in its maximum. The
of relationship (Art. 15) and that it was committed MAXIMUM of the indeterminate penalty is prison
with insult or in disregard of the respect due the mayor maximum and the MINIMUM is prison
offended party on account of his rank or age (Art. correccional in its maximum period.
14, No. 3), which shall be merged into one
circumstance, the penalty imposable on A is (b) Lontoc vs. People, 74 Phil. 513, 520
reclusion temporal in its maximum period. (Art. 64, Where the accused was convicted of
No. 3, R.P.C.) complex crime of estafa through falsification of a
The minimum term of the indeterminate penalty public document (Art. 315, case No. 4, in
is also anywhere within the range of prison mayor connection with Arts. 171 and 48 of the Code), and
with or without reference to the period. the penalty is prison mayor to be applied in its
maximum period plus a fine not to exceed P5,000
4. Indeterminate penalty, when there are (the penalty for falsification which is the graver
mitigating and aggravating circumstances. (Art. offense), the MAXIMUM of the indeterminate
64, par. 4) penalty is within the maximum period of prision
mayor and the MINIMUM is within that next lower in
In No. 1, if after committing homicide at degree to prision mayor, namely, prision
nighttime purposely sought by A to better correccional.
accomplish his purpose (Art. 14, par. 6), he
surrendered voluntarily to the agent of authority and 6. Indeterminate penalty, when the penalty is next
during the arraignment pleaded guilty to the charge lower by two degrees than that prescribed by
(Art. 13, par. 7), there is one mitigating law for the crime threatened and there is one
circumstance left after offsetting the aggravating aggravating circumstance.
circumstance of nighttime with the two mitigating
circumstances. People vs. Kho Choc, 50 O.G. 1667
Hence, the penalty of reclusion temporal should A threatened to kill B if the latter would not give
be imposed in the minimum period. (Art. 64, par. 4) him a certain sum of money. A failed to attain his
The MAXIMUM of the indeterminate penalty is purpose, because he was arrested by the police
reclusion temporal minimum and the MINIMUM is upon complaint by B. Under Art. 282, No. 1, of the
prison mayor in any of its periods or within its Revised Penal Code, the crime of grave threats,
range. when the offender did not attain his purpose, is
punishable with a penalty next lower by two
5. Indeterminate penalty, when the crime degrees than that prescribed by law for the crime
committed is complex under Art. 48. threatened", which in this case is homicide.
(a) A was convicted of a complex crime of The penalty for homicide is reclusion the crime
frustrated homicide with assault upon an agent concurred the generic aggravating of relationship

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(Art. 15) and t was committed with insult or in provided by the Code should be applied in its
disregard of the respect on account of his rank or maximum or minimum period as circumstances
age (Art. 14, No. 3), which shall be merged into modifying liability may require.
one. When however — and this may be the only
Held: The penalty is prison correccional in its exception to the rule — the number of the
maximum or 4 years, 2 months and 1 day to 6 mitigating circumstances is such as to entitle the
years. accused to the penalty next lower in degree, this
The penalty of reclusion temporal, the penalty in the application of the Indeterminate
penalty for the crime threatened to be committed, is Sentence Law should be the starting point for the
lowered first by two degrees to determine the determination of the penalty next lower in degree
penalty for the crime of grave threats actually (the MINIMUM of the indeterminate penalty).
committed by A, before fixing the latter penalty in its For the purpose of determining the penalty next
proper period. The penalty of prision correccional lower in degree, the penalty that should be
was fixed in its maximum period, because of the considered as the starting point is the whole prision
presence of one aggravating circumstance of mayor, it being the penalty prescribed by law for the
relationship or disregard of respect due the crime of falsification (Art. 171), and not prision
offended party. mayor in its maximum period which happens to be
Therefore, the maximum of the the penalty, because the crime committed is
indeterminate penalty is prision correccional in its complex under Art. 48.
maximum and the minimum of the indeterminate The penalty next lower from prision mayor is
penalty is anywhere within arresto mayor, next prision correccional and this latter penalty should
lower. be applied in its maximum period, as the
7. Indeterminate penalty, when the accused is MAXIMUM of the indeterminate penalty. The
convicted of a complex crime and there are two MINIMUM of the indeterminate penalty is arresto
mitigating without any aggravating mayor, the penalty next lower, which may be
circumstance. (Arts. 48, and 64, par. 5) imposed by the court in any of its periods.
The penalty next lower in degree (the MINIMUM
(a) The crime committed is estafa thru falsification of the indeterminate penalty) should be determined
by a public officer under No. 4, Art. 315, in first, before imposing the penalty prescribed by law
connection with Art. 171, of the RPC. The for the offense in its proper period, because Sec. 1
penalty to be imposed is that which is provided of the Indeterminate Sentence Law provides that
for the more serious offense to be applied in its the MINIMUM of the indeterminate penalty "shall be
maximum period, pursuant to Art. 48, it being a within the range of the penalty next lower to that
complex crime. The penalty for the more prescribed by the Code for the offense."
serious offense, which is falsification, is prison Although the penalty prescribed by the Code for
mayor in its full extent and fine. the offense is prision mayor in its full extent, in this
case, it should not be the starting point for
There being two mitigating circumstances of (1) determining the MINIMUM, because there is a
voluntary surrender and (2) plea of guilty, without privileged mitigating circumstance. This is the
any aggravating circumstance, the penalty next exception to the general rule.
lower to that provided by law should be imposed. The penalty next lower in degree should be the
(Art. 64, par. 5) starting point for determining the MINIMUM of the
For purposes of the Indeterminate Sentence indeterminate penalty.
Law, the penalty next lower should be determined Thus — prision correccional will be the starting
without regard as to whether the basic penalty point. Arresto mayor will be the penalty next lower.

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The accused, who was 17 years, 9 months

(b) People vs. Caburao, C.A., 54 O.G. 8261) and 12 days old on the date of the commission of
When the accused is guilty of a complex crime, the crime, has to his credit two mitigating
the penalty immediately lower is the next below the circumstances: the special or privileged mitigating
penalty provided for the gravest crime. circumstance of minority (Art. 68, par. 2) and the
ordinary mitigating circumstance of plea of guilty.
People vs. Fulgencio, 92 Phil. 1069 (Art. 13, par. 7) Therefore, under Art. 64, par. 5
Where the accused, a minor 17 years old, (should be Art. 68, par. 2) of the Revised Penal
committed two crimes of parricide resulting from a Code, the penalty imposable is the penalty next
single act of exploding a home-made bomb under lower to that prescribed by law. Under Article 71,
the house occupied by his grandparents, since the the penalty next lower to reclusion temporal is
penalty for the crime committed is death (Art. 48), it prision mayor. Because of the complex nature of
being the maximum of the penalty of reclusion the crime committed by the accused, the penalty of
death for parricide (Art. 246), and there is a prision mayor is to be applied in its maximum.
privileged mitigating circumstance of minority (Art. However, having in his favor the ordinary mitigating
68), the penalty next lower is reclusion perpetua. circumstance of plea of guilty without any offsetting
The penalty of reclusion perpetua to death aggravating circumstance, applying Art. 64, par. 2,
was first applied in the maximum, the crime being the penalty of prision mayor maximum should be
complex, lowered by one degree from the imposed in its minimum range.
maximum. Parenthetically, We must state that the
This ruling does not follow the ruling in the lower court erred in the imposition of the correct
case of People vs. Gonzalez, which requires that penalty — despite its proper appreciation of the
the penalty prescribed by the Code for the offense privileged mitigating circumstance of minority and
be lowered first by one degree, because of the the ordinary circumstance of plea of guilty in favor
privileged mitigating circumstance, and then the of the appellant — because it applied first the
lower penalty to be applied in its maximum period. imposable penalty to its maximum degree, i.e.,
Had this ruling in the Gonzalez case been reclusion temporal maximum, and then imposed
followed, the penalty imposed would have been the penalty immediately inferior to it, i.e., reclusion
prision mayor in any of its periods, as the temporal medium. This latter penalty is imposed as
MINIMUM, to reclusion temporal in its maximum, as the maximum of the indeterminate sentence, but
the MAXIMUM. The penalty next lower from applied in the minimum range because of the
reclusion perpetua to death is reclusion temporal. ordinary mitigating circumstance of plea of guilty.
(Art. 61, par. 2) Reclusion temporal is applied in its As the minimum of the indeterminate sentence, it
maximum, because the accused was guilty of imposed the minimum of the penalty next lower,
complex crime. i.e., reclusion temporal minimum.
The proper method is to start from the
(c) The accused pleaded guilty to and was penalty imposed by the RPC, i.e., reclusion
convicted of the crime of direct assault upon a temporal; then apply the privileged mitigating
person in authority with homicide. This being a circumstance of minority and determine the penalty
complex crime, the penalty for the more serious immediately inferior in degree, i.e., prision mayor;
crime should be imposed, the same to be and finally apply the same in its maximum degree
applied in its maximum period. (Art. 48, Revised but within the minimum range thereof because of
Penal Code) The more serious crime is the ordinary mitigating circumstance of plea of
homicide punishable by reclusion temporal guilty. Prision mayor being the maximum of the
indeterminate sentence, the minimum of the

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indeterminate penalty is within the range of the The penalty next lower in degree is prision mayor in
penalty next lower to it as prescribed by the RPC its maximum period to reclusion temporal in its
i.e., prision correccional. minimum and medium periods (Art. 61, par. 3):
Applying the Indeterminate Sentence Law, There being a mitigating circumstance of
the accused should be sentenced to an plea of guilty, without any aggravating to offset it,
indeterminate penalty of not less than 6 years of the penalty one degree lower (prision mayor in its
prision correccional more than 10 years and 8 maximum to reclusion temporal in its minimum and
months of prision mayor. medium periods) should be imposed in its minimum
period, which is prision mayor in its maximum.
8. Indeterminate sentence, when there are Prision mayor maximum has a duration of
privileged mitigating and ordinary mitigating from 10 years and 1 day to 12 years. Prision
circumstances. (Arts. 68 and 64) correccional in its maximum to prision mayor in its
minimum and medium has a duration of from four
When there is a privileged mitigating (4) years, 2 months 1 day to 10 years. Hence, the
circumstance (such as, minority or incomplete sentence imposed from 5 years to 10 years and 1
defense) and ordinary mitigating circumstance day is within the limits of the penalty prescribed.
(such as, plea of guilty or voluntary surrender to the
authorities), the rule is: lower first the penalty 9. Indeterminate penalty, when there are two
prescribed by one degree (because of the privileged mitigating and ordinary mitigating
privileged mitigating circumstance), using the scale circumstances. (Arts. 68 and 69)
in Art. 71, and make the penalty next lower as the
starting point for determining the MINIMUM of the A, a minor under 18 years, killed B who was the
indeterminate penalty. Once the MINIMUM is unlawful aggressor. A did not give sufficient
determined, by lowering by another degree, the provocation to B. But the means employed by A to
penalty next lower, the penalty which is made the defend himself was not reasonable. After killing B,
starting point should be imposed in the proper A surrendered.
period. That penalty in the proper period will be the Held: There are two privileged mitigating
MAXIMUM of the indeterminate penalty. circumstances in this case: (1) minority under Art.
68, and (2) incomplete self-defense under Art. 69.
Problem: The penalty of reclusion temporal prescribed for
A, a minor 15 years and 2 months old, was homicide should be lowered by two degrees or
found guilty of murder upon a plea of guilty. The prision correccional, which should be applied in the
court suspended the sentence and ordered the minimum period, in view of one ordinary mitigating
commitment of the minor to the Training School for circumstance of voluntary surrender. The
Boys in the Welfareville in accordance with Article indeterminate penalty is not less than 2 months and
80. Because he became incorrigible in the Training 21 days of arresto mayor and not more than 1 year,
School for Boys, A was returned to the court for the 1 month and 11 days of prision correccional.
imposition of the proper penalty. (Art. 68) The court
imposed an indeterminate penalty of from five (5) 10. Indeterminate penalty, when there is incomplete
years of prision correccional, as the MINIMUM, to defense, without any ordinary mitigating or
10 years and 1 day of prision mayor, as the aggravating circumstance. (Art. 69)
MAXIMUM.
Is this penalty correctly imposed? People vs. Jaurigue, 76 Phil. 174, 183
Yes. The penalty for murder is reclusion A woman who stabbed and killed a man who
temporal in its maximum period to death. (Art. 248) had placed his hand on her upper thigh, without

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any provocation on her part, was given a reduced lower is temporal in its prision mayor in its
penalty by two degrees. (Art. 69) The penalty for maximum period to reclusion temporal in its
homicide is reclusion 61, in relation to Art. 71) is medium period medium period, in accordance with
prision to the Indeterminate Sentence Law, the Art. 61, No. 3.
indeterminate penalty is from arresto mayor in its
medium period, as the MINIMUM, to prision The penalty of prision mayor maximum
correccional in its medium, as the MAXIMUM. to reclusion temporal medium should be
subdivided into three periods, as follows:
11. Indeterminate penalty, when there is incomplete Time Time Time Time
defense with two ordinary mitigating included in included in included in included in its
circumstances, and without any aggravating the entire its minimum its medium maximum
circumstance. (Arts. 69 and 64, par. 5) penalty period period period

People vs. Nicolas, C.A., 50 O.G. 2133 From 10 From 10 yrs., From 12 yrs., From 14 yrs.,
A killed B in incomplete self-defense. There was yrs., and 1 and 1 day to 5 mos. and 10 mos. and
unlawful aggression on the part of B and lack of day to 17 12 yrs., 5 11 days to 14 21 days to 17
sufficient provocation on the part of A. But the yrs. and 4 mos. and 10 yrs., 10 mos. yrs. and 4
means employed by A was not reasonable. A acted mos. days. and 20 days. mos.
with obfuscation and, after killing B, surrendered
himself to the authorities. There is no aggravating.
Held: The penalty of reclusion temporal for The penalty next lower, as the MAXIMUM of
homicide should be reduced by two degrees (Art. the indeterminate penalty, is to be imposed in the
69) and because of two ordinary mitigating medium period, because the two mitigating
circumstances without any aggravating, the circumstances are already considered in lowering
reduced penalty should be further reduced by the penalty by one degree. It is not proper to
another degree or arresto mayor in its medium consider any one or both of them again in fixing the
period or 2 months, 1 day. proper period of the penalty to be imposed.
12. Indeterminate penalty, when the penalty Therefore, as regards the penalty next lower, there
prescribed by the Code is reclusion temporal in is neither mitigating nor aggravating circumstance.
its maximum period to death (penalty for Hence, the MAXIMUM of the indeterminate
murder) and there are two or more mitigating penalty is the medium of prision mayor maximum to
and no aggravating. (Art. 64, par. 5) reclusion temporal medium or 12 years, 5 months
and 11 days to 14 years, 10 months and 20 days
People vs. Soriano, 70 Phil. 334 (at the discretion of the court). The MINIMUM of the
A committed murder, qualified by treachery, indeterminate penalty is anywhere within the range
with the mitigating circumstances of voluntary plea of the penalty next lower or prision correccional
of guilty and voluntary surrender, and without any maximum to prision mayor medium. (Art. 61, par. 3)
aggravating circumstance.
Held: Under Art. 64, No. 5 of the Revised Penal 13. Indeterminate penalty, when the crime
Code, the next lower penalty should be imposed, committed is robbery in inhabited house, and
that is, prision mayor in its maximum period to the penalty is to be lowered by one degree.
reclusion temporal in its medium or from 10 years
and 1 day to 17 years and 4 months. People vs. De Lara, 98 Phil. 584, 586
The penalty for murder is reclusidn A pleaded guilty to the charge of robbery in an
maximum period to death. (Art. 248) One degree inhabited house denned and penalized in Art. 299.

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 CRIMINAL LAW 1 – INDETERMINATE SENTENCE LAW

The penalty for robbery in an inhabited house is 2. Those convicted of treason, conspiracy or
reclusion temporal. There being no allegation that A proposal to commit treason.
was armed and that the value of the property taken 3. Those convicted of misprision of treason,
did not exceed P250, the penalty to be imposed is rebellion, sedition or espionage.
the minimum of the penalty next lower – prision 4. Those convicted of piracy.
mayor in its minimum. That penalty is to be 5. Those who are habitual delinquents.
imposed in the medium, being no aggravating or 6. Those who shall have escaped from
mitigating. confinement or evaded sentence.
The MINIMUM of the indeterminate penalty is 7. Those who violated the terms of conditional
within the range of the penalty next lower in degree pardon granted to them by the Chief Executive.
from prision mayor in its full extent (disregard first 8. Those whose maximum term of imprisonment
the fact that it shall be imposed in the minimum does not exceed one year.
period). The MAXIMUM of the indeterminate 9. Those who, upon the approval of the law
penalty is the medium period of prisidn mayor (December 5, 1933), had been sentenced by
minimum or 6 years, 8 months and 1 day to 7 years final judgment. (Sec. 2, Act No. 4103)
and 4 months. 10. Those sentenced to destierro or suspension.

Not applicable when unfavorable to the "Persons convicted of offenses punished with
accused death penalty or life imprisonment."
A was convicted of illegal possession of The trial court did not err in convicting the
grease guns and 2 Thompson sub-machine guns appellant of simple rape which is penalized with
punishable by imprisonment from 5 years to 10 reclusion perpetua. But it erred in giving him the
years. The trial court imposed a sentence that the benefit of the Indeterminate Sentence Law. Article
accused should suffer imprisonment of 5 years and 63 (not its Article 64[1], which was cited by the
1 day. Is this penalty correct? lower court), applies to the case.
Yes, because in cases where the A is accused and convicted of murder
application of the law on indeterminate sentence punishable with the penalty of reclusion temporal in
would be unfavorable to the accused, resulting in its maximum period to death. Two mitigating
the lengthening of his prison sentence, said law on circumstances of voluntary surrender and plea of
indeterminate sentence should not be applied. If we guilty are to be considered in favor of A. Is he
had no law on indeterminate sentence, considering entitled to an indeterminate penalty?
the plea of guilty entered by the appellant, the trial The Indeterminate Sentence Law uses the
court could well and lawfully have given him a word "punished," not the word "punishable." It is the
prison sentence 5 years. If we are to apply the law, penalty actually imposed, not the penalty that may
the prison term would have to be more than 5 be imposed, that should be considered.
years, as the minimum could not be less than 5
years. People vs. Roque, 90 Phil. 142, 146
The law on indeterminate sentence as a The accused, who was 17 and convicted of
rule is intended to favor the defendant in a criminal murder, was sentenced to an indeterminate penalty
case particularly to shorten his term of of from 10 years and 1 day of prision mayor to 17
imprisonment depending upon his behavior, etc. years, 4 months. 1 day of reclusion temporal.

Indeterminate Sentence Law not applicable to: People vs. Colma

1. Persons convicted of offenses punished with The accused also 17 years old and
death penalty or life imprisonment. convicted of murder, but the provisions of the

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 CRIMINAL LAW 1 – INDETERMINATE SENTENCE LAW

Indeterminate Sentence Law were not applied confinement therein is not considered
because he was convicted of an offense punished imprisonment.
with death, although the penalty actually imposed
was imprisonment of 12 years and 1 day. People vs. Co, C.A., 67 O.G. 7451
In imposing an indeterminate sentence While there is evidence that prior to the
upon the accused, the Court hereby overrules the incident in question the appellant has had several
contrary doctrine in People vs. Colman, et al., 103 brushes with the law, there is no showing that he
Phil. 6, Resolution of March 26, 1958, pp. 19-20, has been prosecuted and found guilty thereof. It
holding that the Indeterminate Sentence Law (Act appears that he was an escapee from the National
No. 4103, as amended by Act No. 4225) is not Mental Hospital. Later, the appellant was convicted
applicable to a case similar to that of the accused. of homicide. Is he entitled to the benefits of the
The penalty actually imposed upon this accused ISL?
not being death, he is entitled to the benefits of the It is true, as provided in Section 2 thereof,
ISL. that the Indeterminate Sentence Law shall also not
apply "to those who shall have escaped from
The ISL is applicable to recidivists confinement or evaded sentence."
While habitual delinquents are not entitled However, we do not think that the
to an indeterminate sentence, a recidivist for the appellant's escape from the National Mental
first time may be given the benefits of the law. Hospital falls within the purview of said provision.
Confinement as a patient in the National Mental
"Those who evaded the service of the Hospital is not imprisonment. By escaping from
sentence." said hospital, the appellant did not acquire the
A was sentenced to destierro. While serving status of an escaped prisoner as to be excluded
sentence, A entered the prohibited area and from the benefits of ISL.
committed robbery therein. Is A entitled to an
indeterminate sentence in case guilty of robbery? Those whose maximum period of penalty does
No, because by entering the prohibited not exceed one year
area, he evaded the service of his sentence. The People vs. Gonzales, 148 SCRA 649
Indeterminate Sentence Law is not applicable. The Indeterminate Sentence Law does not
apply to non-divisible penalties. It covers only
“Those who shall have escaped from divisible penalties, not include indivisible penalties.
confinement”
People vs. Rivera, C.A., 44 O.G. 123 People vs. Lee, Jr., 132 SCRA 66
Defendant was found guilty of robbery. By Application of the ISL is mandatory where
his own admission, appearing in his confession, imprisonment would exceed one year.
Exhibit F, it appears that defendant is an escaped
prisoner. Held: He is not entitled to the benefits of A is convicted of a crime for which the
the ISL. penalty imposed is 8 months of prision
correccional. Is A entitled to an indeterminate
People vs. Perez, C.A., 44 O.G. 3884 penalty? No, because the penalty imposed does
A minor who escaped from the Philippine not exceed one year.
Training School for Boys does not acquire the
status of escaped prisoner as to be excluded from ISL does not apply to destierro
the benefits bestowed by the ISL, because his People vs. Almeda, C.A.-G.R. No. 1583

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 CRIMINAL LAW 1 – INDETERMINATE SENTENCE LAW

The convict is not entitled to the provisions this should be kept in mind in assessing the
of the Indeterminate Sentence Law, since the minimum penalties for analogous crimes.)
benefits of the law are expressly granted to those
who are sentenced to imprisonment exceeding one In considering the criminal as a member of
year. society, his relationship-
This ruling applies to suspension. (1) toward his dependents, family and associates
and their relationship with him
The application of the Indeterminate Sentence (2) towards society at large and the State, are
Law is based on the penalty actually imposed important factors.
The ISL uses “punished,” not “punishable”.
It is the penalty actually imposed, not the penalty The State is concerned not only in the
that may be imposed, that should be considered. imperative necessity of protecting the social
organization against the criminal acts of destructive
People vs. Dimalanta, 92 Phil. 239, 242 individuals but also in redeeming the individual for
Thus, if the accused was charged with the economic usefulness and other social ends.
crime of acts of lasciviousness punishable by
prision correccional (Art. 336), the duration of which Reason for fixing the MINIMUM and MAXIMUM
is from 6 months and 1 day to 6 years, and the penalties in the indeterminate sentence
court imposed 6 months and 1 day, the minimum of 1. Whenever any prisoner shall have served
prision correccional, the Indeterminate Sentence the minimum penalty imposed on him, and it
Law does not apply, because the application of that shall appear to the Board of Indeterminate
law is based upon the penalty actually imposed in Sentence that such prisoner is fitted for
the discretion of the court. release, said Board may authorize the
release of such prisoner on parole, upon
Factors to be taken into consideration by the such terms and conditions as may be
court in fixing the minimum penalty prescribed by the Board.
It is necessary to consider the criminal as 2. Whenever such prisoner released on parole
an individual and as a member of society. shall, during the period of surveillance,
Considering the criminal as an individual, violate any of the conditions of his parole,
some of the factors that should be considered are: the Board may issue an order for his arrest.
(1) his age, especially with reference to extreme In such case, the prisoner so rearrested
youth or old age; shall serve the remaining unexpired portion
(2) his general health and physical conditions; of the maximum sentence. (Sec. 5 & 8, Act
(3) his mentality, heredity and personal habits; 4103)
(4) his previous conduct, environment and mode of 3. Even if a prisoner has already served the
life (and criminal record, if any); minimum, but he is not fitted for release on
(5) his previous education, intellectual and moral; parole, he shall continue to serve
(6) his proclivities and aptitudes for usefulness or imprisonment until the end of the maximum.
injury to society;
(7) his demeanor during trial and his attitude with Mandatory.
regard to the crime committed; It is mandatory in the cases specified
(8) the manner and circumstances in which the therein, for it employs the phrases "convicts shall
crime was committed; be sentenced" and "the court shall sentence the
(9) the gravity of the offense. (Note that Section 2 accused to an indeterminate sentence."
of Act No. 4103 excepts certain grave crimes —

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