INDETERMINATE SENTENCE LAW

ACT 4103

Purpose of Indeterminate
sentence Law
1.)

Promote the prisoner's reformation

by allowing him to serve sentence
under a parole officer
2.) Decongest the jails by allowing
prisoners to be admitted into parole
3.) Allow the government to save
money on maintaining the jails
4.) Prevent the prisoners' economic
usefulness from going to waste.

People vs Onate
78 SCRA 43
The

purpose of Indeterminate
Sentence Law is to uplift and
redeem the valuable human material
and prevent unnecessary and
excessive deprivation of personal
liberty and economic usefulness

Non-applicability of
Indeterminate Sentence

1.) Crimes punishable by death or life imprisonment

2.) Those convicted of treason, conspiracy or proposal to
commit treason
3.) Those convicted of misprision of treason, rebellion,
sedition or espionage
4.) Those convicted of piracy
5.) Habitual delinquents (but recidivists can qualify for
indeterminate sentence -they're not the same as habitual
offenders)
6.) Those who escaped from confinement/service or
sentence
7.) Those who were granted conditional pardon but violated
the terms of the pardon
8.) In case the maximum prison term doesn't exceed 1 year
9.) Those already serving sentence when the indeterminate
sentence law took effect (no longer applicable because

Crimes punishable by death

or life imprisonment

Likewise, the trial court erroneously applied the

Indeterminate Sentence Law after it improperly lowered
the penalty of reclusion perpetua to reclusion temporal by
reason of the extenuating circumstance of voluntary
surrender. The crime committed in this case is rape by two
or more persons falling under paragraph 3 of Article 335 of
the Revised Penal Code. It is punished by reclusion
perpetua to death which are two principal indivisible
penalties.
Two vital points must be made clear. Firstly, the
indeterminate sentence covers only divisible penalties and
does not include indivisible penalties. Secondly, in all cases
in which the law prescribes a penalty of two indivisible
penalties and there are neither mitigating nor aggravating
circumstances present, as in the case at bar, the proper
penalty is the lesser penalty or reclusion perpetua. (People

Applicability to
Recidivists
While

habitual delinquents are not

entitled to an indeterminate
sentence, a recidivist for the first
time may be given the benefit of the
law.
(People vs Venus G.R. No. 45141
September 15, 1936)

Duties of the Board of

Indeterminate Sentence
To

look into the physical, mental and moral record of the

prisoners who shall be eligible to parole and to determine the
proper time of release of such prisoners. Whenever any prisoner
shall have served the minimum penalty imposed on him, and it
shall appear to the Board of Indeterminate Sentence, from the
reports of the prisoners work and conduct which may be
received in accordance with the rules and regulations prescribed
and from the study and investigation made by the Board itself,
that such prisoner is fitted by his training for release that there
is a reasonable probability that such prisoner will live and
remain at liberty without violating the law, and that such release
will not be incompatible with the welfare of society.
In accordance with the rules and regulations adopted
hereunder, the Board, in its discretion, may authorize the
release of such prisoner on parole.

Why is Indeterminate
Sentence Law 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.
Indeterminate Sentence Law is favorable
to the accused.

Two Possible Scenarios in Imposing

Indeterminate Sentence.
1.)

If the law is part of the Revised Penal

Code
If the offense is punished by the RPC, the
court shall sentence the accused to an
indeterminate penalty, the maximum term
of which shall be that which, in view of the
attending circumstances, could be properly
imposed under the rules of the RPC, and the
minimum term of which shall be within the
range of the penalty next lower to that
prescribed by the RPC for the offense.

Under the Indeterminate Sentence Law, the maximum

term of the penalty shall be "that which, in view of the
attending circumstances, could be properly imposed"
under the Revised Penal Code, and the minimum shall
be "within the range of the penalty next lower to that
prescribed" for the offense. The penalty next lower
should be based on the penalty prescribed by the
Code for the offense, without first considering any
modifying circumstance attendant to the commission
of the crime. The determination of the minimum
penalty is left by law to the sound discretion of the
court and it can be anywhere within the range of the
penalty next lower without any reference to the
periods into which it might be subdivided. The
modifying circumstances are considered only in the

Example under the RPC

A is convicted of falsification of official document committed
by a public officer penalized by prision mayor. There is one
mitigating circumstance of plea of guilty.
To determine the penalty next lower, disregard first the
mitigating circumstance of plea of guilty. Hence, prision
mayor in its full extent, the penalty prescribed by the code
for the offense, should be the basis, and not prision mayor
minimum, because it is not the penalty prescribed by the
code for the offense.
Prision mayor minimum becomes the proper penalty only
because of the presence of the mitigating circumstance of
plea of guilty. The penalty next lower is prision correccional
Therefore, the indeterminate sentence will be:
maximum- prision mayor minimum, in its proper period
after considering the mitigating circumstance
minimum- prision correccional, in any of its periods or

People v Saley
291 SCRA 715
The

penalty next lower should be

based on the penalty prescribed by
the RPC for the offense, without first
considering any modifying
circumstance attendant to the
commission of the crime- the
modifying circumstances are
considered only in the imposition of
the maximum term of the
indeterminate sentence.

Scenario;
2.)

If the law in question is a special law

If the offense is punished by a special law, the
court shall sentence the accused to an
indeterminate penalty, the maximum term of
which shall not exceed the maximum fixed by
said law and the minimum term shall not be
less than the minimum prescribed by the same.
In case the penalty comes from the result of a
plea-bargaining, the minimum penalty will be
the one lower than that of the downgraded
offense.

Example under special

law
A is convicted of illegal possession of firearm
punishable by imprisonment from one (1) year
and one (1) day to five (5) years.
The court can impose an indeterminate sentence
from 2 years and 1 day, as the minimum term, to
4 years, as the maximum term; 2 years and 1 day
to 3 years; or 3 years and 1 day to 5 years.
The maximum term of each of the different
examples does not exceed the maximum of 5
years prescribed by the law, ad the minimum
term is not less than the minimum 1 year and 1
day prescribed by the said law.

People v Viente
225 SCRA 361
Where

crime is punished by a special law, sentence of

conviction must impose an indeterminate penalty, not a
fixed one. The carnapping in this case was committed by
means of violence against or intimidation of persons. The
penalty prescribed therefore under Sec. 14 of R.A. 6539 is
imprisonment for not less than seventeen years and four
months and not more than thirty years. Under Sec. 1 of the
Indeterminate Sentence Law, if an offense is punished by
the Special law, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall
not exceed the maximum imposed by the law, and the
minimum term prescribed shall not be less than the
minimum imposed by the same. The penalty should be 17y
and 4 months as minimum to 30 y as maximum.

How shall the "maximum" and the

"minimum" penalty be determined?
The

maximum penalty must be determined, in any case

punishable by the Revised Penal Code, in accordance with
the rules and provisions of said Code exactly as if Act No.
4103, the Indeterminate Sentence Law, had never been
passed. We think it is clear from a reading of Act No. 4103
that it was not its purpose to make inoperative any of the
provisions of the Revised Penal Code. Neither the title nor
the body of the Act indicates any intention on the part of
the Legislature to repeal or amend any of the provisions of
the Revised Penal Code. The legislative history of the Act
further shows that attention was called to the necessity
for taking care "so as not to bring the provisions of this bill
in conflict with the provisions of our penal laws, especially
with those treating with penalties.

Minimum penalty
determined...

We come now to determine the "minimum

imprisonment period" referred to in Act No. 4103.
Section 1 of said Act provides that this "minimum
which shall not be less than the minimum
imprisonment period of the penalty next lower to that
prescribed by said Code for the offense." We are here
upon new ground. It is in determining the "minimum"
penalty that Act No. 4103 confers upon the courts in
the fixing of penalties the widest discretion that the
courts have ever had. The determination of the
"minimum" penalty presents two aspects: first, the
more or less mechanical determination of the extreme
limits of the minimum imprisonment period; and
second, the broad question of the factors and
circumstances that should guide the discretion of the

People vs Onate, supra

The

law is intended to favor the defendant,

particularly to shorten his term of
imprisonment, depending upon his behavioral
and his physical, mental and moral record as
a prisoner, to be determined by the Board of
Indeterminate Sentence. The law grants the
courts discretion to fix the minimum of the
penalty to be imposed, with the limitation that
it must be within the range of the penalty
next lower in degree to that prescribed by the
RPC for the offense committed.

Factors to be taken into

consideration by the court in
fixing the minimum penalty
It

is necessary to consider the criminal, first, as

an individual, and second as a member of the
society.
Some factors to be considered;
His age, especially with reference to extreme youth or old age,
His general health and physical conditions,
His mentality, heredity and personal habits,
His previous conduct, environment and mode of life (and criminal record,

if any);
His previous education, both intellectual and moral
His proclivities and aptitudes for usefulness or injury to society,
His demeanor during trial and his attitude with regard to the crime
committed,
The manner and circumstances in which the crime was committed
The gravity of the offense

Reason for fixing the Minimum

and Maximum penalties
1.

Whenever any prisoner shall have served the minimum

penalty imposed on him, and it appear to the board of
Indeterminate Sentence that such prisoner is fitted for
release, said Board may authorize the release of such
prisoner on parole, upon such terms and conditions as may
be prescribed by the Board.
2. Whenever such prisoner released on parole shall, during
the period of surveillance, violate any of the conditions of
his parole, the Board may issue an order for his arrest. In
such case the prisoner so rearrested shall serve the
remaining unexpired portion of the maximum sentence.
3. Even if a prisoner has already served the minimum, but
he is not fitted for release on parole, he shall continue to
serve imprisonment until the end of the maximum.

Steps in fixing Indeterminate

Sentence
1.
2.

3.

4.

Determine crime committed and the penalty imposable.

Fix the proper degree by determining the provisions of
Art. 64 par.5 (2+ MC, no AC), Art. 68 (Minority) & 69
(Inc. self defense) are applicable then LOWER the
penalty by degree/s
Fix the MINIMUM penalty by lowering the penalty by
ONE DEGREE from the penalty imposable to the offense
committed or from the proper degree if Art. 64 (5), Art
68 & 69 is applicable without any reference to any
period. The judge has the discretion to fix the minimum
in any period of the MINIMUM penalty.
Fix the MAXIMUM penalty by going to the penalty
imposable or proper degree where you immediately
came from and look for remaining MC or AC if any, and
apply them. Fix the proper period by applying Art. 64.
This is the MAXIMUM of the indeterminate sentence

EXAMPLES TO fix indeterminate

sentence

Case

# 1: A killed B.

1. Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
No MC, No AC = RECLUSION TEMPORAL, MEDIUM TERM

IS: PRISION MAYOR to RECLUSION TEMPORAL,

MEDIUM TERM

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply

EXAMPLES TO fix indeterminate sentence

Case # 2: A killed B. A voluntarily

surrendered.

1. Crime:

HOMICIDE

Penalty: RECLUSION TEMPORAL

2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
One MC (Voluntary surrender), No AC = RECLUSION
TEMPORAL, MINIMUM
IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply

EXAMPLES TO fix indeterminate sentence

Case # 3: A killed B. A was a recidivist.

1. Crime: HOMICIDE

Penalty: RECLUSION TEMPORAL

2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
No MC, One AC (recidivism) = RECLUSION TEMPORAL,
MAXIMUM TERM
IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM

penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC

EXAMPLES TO fix indeterminate sentence

Case # 4: A killed B. A was a recidivist. A voluntarily

surrendered and pleaded guilty.

1. Crime: HOMICIDE
TEMPORAL

Penalty:

RECLUSION

2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
Two MC, One AC = One MC
Maximum IS = RECLUSION TEMPORAL, MINIMUM
TERM
IS: PRISION MAYOR to RECLUSION TEMPORAL,
MINIMUM

penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC

EXAMPLES TO fix indeterminate sentence

Case # 5: A when he was 17 y/o

killed B with discernment. A
voluntarily surrendered.

1. Crime: HOMICIDEPenalty: RECLUSION TEMPORAL

2. Minority: 17 y/o with discernment (RA9344)
Penalty = one degree lower = PRISION MAYOR
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION CORRECCIONAL
4. MAXIMUM INDETERMINATE SENTENCE
One MC (Voluntary surrender), No AC
Maximum IS = PRISION MAYOR, MINIMUM TERM
IS: PRISION CORRECCIONAL to PRISION MAYOR, MINIMUM

penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC

Case # 6: A when he was 17 y/o

robbed and killed B with discernment.
A voluntarily surrendered.
1. Crime: ROBBERY w/ HOMICIDE
Penalty: RECLUSION TEMPORAL (Homicide has the higher
penalty)
2. Minority: 17 y/o with discernment (RA9344)
Penalty = one degree lower = PRISION MAYOR
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION CORRECCIONAL
4. MAXIMUM INDETERMINATE SENTENCE
Imposable penalty for complex crime: PRISION MAYOR, MAX
One MC (Voluntary surrender), No AC
Maximum IS = PRISION MAYOR, Med range

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC

Case # 7: A was found guilty of murder upon a plea of

guilty. Sentence suspended since he was 17 y/o but
was incorrigible. He was returned to the Court to
impose proper penalty. The court imposed an IP from
5y of PC as MINIMUM to 10y, 1d of PM as the
MAXIMUM.

1. Crime: MURDER Penalty: REC. TEMPORAL,

Max to DEATH (Art.248)

2. Minority: 17 y/o with discernment (RA9344)

Penalty = one degree lower = PRISION
MAYOR, Max to RT, Med (Art. 61, par.3)
3. MINIMUM INDETERMINATE SENTENCE: PC, Max
to PM, Med
4. MAXIMUM INDETERMINATE SENTENCE
One MC (Plea of guilty), No AC
Maximum IS = PRISION MAYOR, MAX

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC

Case # 8: A killed B with treachery. He

was found guilty of murder. Mit. Circ. of
plea of guilty and voluntary surrender.

1. Crime: MURDER Penalty: REC. TEMPORAL, Max to

DEATH (Art.248)
2. 2 MC (Voluntary surrender & Plea of guilty)
Penalty = PRISION MAYOR, Max to RT, Med (Art. 61,
par.3)
3. MINIMUM INDETERMINATE PENALTY : PC, Max to PM,
Med
4. MAXIMUM INDETERMINATE PENALTY
No MC, No AC
Divide the Penalty @ #2 into three periods
Maximum IP = Medium period of PM, Max to RT, Med

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC

Case # 9: A was guilty of a complex

crime frustrated homicide with assault
upon an agent of person in authority.

1. Crime: FRUSTRATED HOMICIDE with ASSAULT

crime)

(Complex

Penalty: FRUSTRATED HOMICIDE: PRISION MAYOR (1degree

lower)
ASSAULT
: PC, MED to MAX
PERIOD
Penalty to be considered: PRISION MAYOR (Higher)
2. Not applicable!
3. MINIMUM IP: PRISION CORRECCIONAL
4. MAXIMUM INDETERMINATE PENALTY
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48)
IP: Prision correccional as minimum to prision mayor in its
maxium period as maxium

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC

1.

Case # 10: A attempted to kill his

uncle, C, a senior citizen. He was not
able to kill C because he was arrested
upon complaint of C of As threats that
he will kill him. Penalty: PRISION CORRECTIONAL
Crime: GRAVE THEATS
(2 degrees lower penalty for homicide)
Art.282 (1)

2. Not applicable!
3. MINIMUM IP: ARRESTO MAYOR
4. MAXIMUM INDETERMINATE PENALTY
No MC, 2 Acs (Relationship & disregard of the respect due on
account of his age)
Maximum IP = PRISION CORRECCIONAL, MAXIMUM, max range
IP: Arresto Mayor as minimum to prision correccional in its
maximum period as maximum

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC

Case # 11: A, who was a public

employee took advantage of his
position to falsify a document
defrauding the victim of P10,000.

1. Crime: ESTAFA thru FALSIFICATION (Complex crime)

Penalty: ESTAFA:PRISION CORRECCIONAL (Min-Med(Art.315)
FALSIFICATION: PRISION MAYOR (Art. 171)
Penalty to be considered: PRISION MAYOR (Higher)
2. Not applicable!
3. MINIMUM IP: PRISION CORRECCIONAL
4. MAXIMUM INDETERMINATE PENALTY
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium
range

1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC

 For

purposes of the indeterminate sentence law,

the penalty next lower should be determined
without the regard as to whether the basic penalty
provided by the code should be applied in its
maximum or minimum period as circumstances
modifying liability may require.
However, the number of the mitigating
circumstance is such as to entitle the accused to
the penalty next lower in degree, this penalty in
the application of the Indeterminate Sentence Law
should be the starting point for the determination
of the penalty next lower in degree (the Minimum
of the indeterminate penalty)