Indeterminate Sentence Law Primer

RA No. 4103, Dec. 5, 1933

- Instead of imposing a “straight” penalty, the court must determine two penalties (maximum and minimum)

I. 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).

II. COVERAGE

A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts

B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons

1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved (Dec. 5, 1933)

III. APPLICATION

A. RPC: Min (next lower to prescribed) to Max (imposable)

1. Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary mitigating circumstances (MC) under Art. 64 and for complex crimes under Art. 48

• No AC or MC: Penalty PRESCRIBED medium period
• 1 AC, no MC: Penalty PRESCRIBED maximum period
• No AC, 1 MC: Penalty PRESCRIBED minimum period
• Several ACs and MCs: OFFSET then apply rules to remainder
• No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
• If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a necessary means for committing the other): Penalty for the MOST SERIOUS CRIME maximum period

2. Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed by the RPC, 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

EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT follow the aforementioned rule. Consider the privileged mitigating circumstance FIRST before any AC or MC to get the PENALTY PRESCRIBED and then proceed as required by the rule on deriving the minimum term. Otherwise, the maximum of the ISL will end up being lower than the minimum of the ISL.

B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)

1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed by the special law