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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 andexcessive deprivation of personal liberty and economic usefulness. (People v. Onate, 78 S !" #$% "sa 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 Sentence.

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. tapplies 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)n c)'c&mstances, co& d e 'o e' 2 )m osed&nde' t%e Code, and t%e MINIM+M TERM -%)c% s%a e -)t%)n t%e 'an e o t%e ena t2 nextlower )n de 'ee to t%at '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. Thelatter is determined without considerin& the attendin& circumstances to the penalty prescribed, and isleft to the discretion of the court. (People v. +co, -#-, uly /7, *0-#% In case of a complex crime (i.e.when a single act produces 2 or more crimes,) the full range of the penalty next lower in degree will beconsidered in determining the minimum penalty.

1xample2 Homicide with one mitigating circumstance . The maximum penalty prescribed by law is!eclusion temporal. Since there is one miti&atin& and no a&&ravatin& it will be in the minimum orreclusion temporal minimum period. On the other hand, the minimum is one de&ree next lower toreclusion 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 reclusiontemporal minimum period.

/. Special 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 e ceed t%e maximum ) ed 2 sa)d a- and t%e minimum s%a not e ess t%an t%eMINIM+M TERM 'esc') ed 2 t%e same. (4**, *00# 'ar%

In case the penalty comes from the result of a plea-bargaining, the minimum penalty will be the onelower than that of the downgraded offense.

1xample2 Penalty is one year to years . ndeterminate sentence may be one year to $ years or $ yearsto - years.

T%)s act s%a not a 2 to e'sons$

*. !on"icted of offenses punished with death or life imprisonment . (4*/, *005 'ar%

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/. #hose con"icted of treason, conspiracy or proposal to commit treason, misprision of treason,rebellion, sedition or espionage, or piracy .

$. #hose who are habitual delin$uents .

!ecidivists are entitled to an indeterminate sentence. (People v. aranilla, /8-#7, 6eb. //, *07#%

#. #hose who shall ha"e escaped from confinement or e"aded sentence .

" minor who escaped from confinement in the reformatory is entitled to the benefits of the law becauseconfinement is not considered imprisonment. (People v. Pere , ## O $88#% (4 , *00* 'ar%

-. #hose who ha"ing been granted conditional pardon by the President shall ha"e "iolated the termsthereof.

. #hose whose maximum period of imprisonment does not exceed one year. (48, *000 'ar%

The application of which is based upon the penalty actually imposed in accordance with law. (People v.9idal&o, #-/, an. //, *0 /%

7. #hose already ser"ing final %udgment upon the appro"al of this &ct ('ecember , **).

8. #hose sentenced to the penalty of destierro or suspension. (4*/, *000 'ar%

:henever any prisoner who shall have served the minimum penalty imposed on him, said 'oard ofndeterminate Sentence may, in its discretion, and in accordance with the rules and re&ulations

adopted thereunder, authori e the release of such prisoner on parole . f durin& the period ofsurveillance, such parolee shall show himself to be a law;abidin& citi en and shall not violate any ofthe laws of the Philippines, the 'oard may issue a final certificate of release in his favor. :heneverany prisoner released on parole shall, durin& the period of surveillance, violate any of the conditionsof 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 Sentence 3aw is mandatory if the imprisonment would exceed oneyear. t would be favorable to the accused. (People v. ud&e erman 3ee, r., 8 8-0, Sept. */, *08#%

R! ATI!N LAW

( D 967, as amended, 8& 2 4, 19:6

Probation is a disposition, under which a defendant after conviction and sentence, is released sub

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the defendant has perfected an appeal from the *005% n other words, thefilin& of the application for probation is considered as a waiver of the ri&ht of the accused to appeal.(40, *00/ 'ar%

"n application for probation shall be filed with the trial court. The filin& of the application shall bedeemed a waiver of the ri&ht to appeal. "n order &rantin& or denyin& probation shall not beappealable. 9owever, an outri&ht denial by the court is a nullity correctible by certiorari. (>e 3una v.

9on. ?edina, " 78 O -00% "n accused must fall within any one of the dis)ualification in order to be denied probation. ('alleta v. 3eviste, 0/ S !" 7*0% (4*$, *00* 'ar%

T%e d)s;&a ) )ed o ende's a'e$

*. +entenced to ser"e a maximum term of imprisonment of more than years .

" penalty of six years and one day is not entitled to the benefits of the law. (4$, *00- 'ar@ 4*/, *005'ar% n 6rancisco v. ", /#$ S !" $8#, the Supreme ourt held that in case of one decision imposin&multiple prison terms, the totality of the prison terms should not be taAen into account for the purposesof determinin& the eli&ibility of the accused for the probation. The law uses the word Bmaximum

termC, and not total term. t is enou&h that each of the prison term does not exceed years. Thenumber of offenses is immaterial for as lon& as the penalties imposed, when taAen individually andseparately, are within the probationable period. (40, *007 'ar%

/. !on"icted of any crime against the national security (treason, espionage, piracy, etc.) or the publicorder (rebellion, sedition, direct assault, resistance, etc.).

$. ho ha"e been pre"iously con"icted by final %udgment of an offense punished by imprisonment ofnot less than one month and one day and or a fine of not less than P 2//. (4/, *00$ 'ar%

#. ho ha"e been once on probation .

-. ho are already ser"ing sentence at the time of the effecti"ity of the 'ecree .

1xcept for the reasons specified by the law, a trial court should not deny a petition for probation,especially when the probation officer has favorably recommended the &rant of probation.

1ven if at the time of conviction the accused was )ualified for probation but at the time of hisapplication for probation, he is no lon&er )ualified, he is not entitled to probation. The )ualification for

probation must be determined as of the time the application is filed in court. ('ernardo v. ud&e'ala&ot, 8 - *, =ov. *5, *00/% Supposin&, an accused was convicted of a crime for which he wassentenced to a maximum sentence of *5 years. :hile affirmin& the

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which is summary. f violation is established, the ourt may revoAe or continue the probation andmodify the conditions thereof. f revoAed, the probationer shall be ordered to serve the sentenceori&inally imposed and shall commit the probationer. The order of the court is not appealable.

" final dischar&e of probation shall operate to restore to the probationer all civil ri&hts lost orsuspended as a result of the conviction and to full dischar&e of his liability for any fine imposed. Dnderthe Probation 3aw what is suspended is the execution of the sentence, while under P> 5$, as

amended, what is suspended is the pronouncement of the sentence upon re)uest of the youthfuloffender. The suspension of the sentence, however, has no bearin& on the civil liability, which isseparate and distinct from the criminal action. ('udlon& v. "palisoA, // S !" 0$-%

The provisions of the Probation 3aw should be liberally construed in order that the ob