INDETERMINATE SENTENCE LAW(Act No. 4103 as amended by Act No. 4225 and RA 4203)

Exceptions to the application of ISL:(Section 2)

1. Those convicted with death penalty or life imprisonment2. Treason, conspiracy, proposal to commit treason, rebellion, sedition, espionage or piracy3. Habitual delinquents4. Those who have escaped confinement or evaded sentence5. Those who violated the conditional pardon6. Those whose maximum term of imprisonment does not exceed one (1) year7. Those already sentenced with final judgment at the time of the approval of the act8. Sentenced to the penalty of destierro or suspension only (no prison term included)

Purpose of ISL:To uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness.

INDETERMINATESENTENCE

LAW(June 19, 1965)

Offense punished by RPC or its

amendments

Offense punished by any other Law (Special Law)

MAXIMUM TERM: shall be that which in view of the attending circumstances could be properly imposed under the rules of the RPC

MINIMUM TERM: shall be w/in the range of the penalty next lower to that prescribed by the RPC

MAXIMUM TERM: shall not exceed the maximum fixed by the special law

MINIMUM TERM: shall not be less than the minimum term fixed by the special law

CLASSIFICATION OF PENALTIES (Art. 25)

PRINCIPAL PENALTIES ACCESSORY PENALTIES

Capital Punishment: Death (Now prohibited under RA 9346)

Afflictive Penalties:a. Reclusion Perpetuab. Reclusion Temporalc. Perpetual / Temporary Absolute Disqualificationd. Perpetual / Temporary Special Disqualificatione. Prision Mayor

Correctional Penalties:a. Prision Correcionalb. Arresto mayorc. Suspensiond. Destierro

Light Penalties:a. Arresto Menorb. Public Censure

Penalties Common to the 3 preceding classes:a. Fineb. Bond to keep the peace

a. Perpetual or Temporary Absolute Disqualificationb. Perpetual or Temporary Special Disqualificationc. Suspension from

1. Public office2. The right to vote and be voted for3. Profession or Calling

d. Civil Interdictione. Indemnificationf. Forfeiture or Confiscation of instruments or proceeds of the

offense.g. Payment of Costs

COMPARATIVE TABLEARTICLE 9 ARTICLE 26

GRAVE FELONIES – those to which the law attaches Capital Punishment or Afflictive Penalties

LESS GRAVE FELONIES – maximum period are CORRECTIONAL

LIGHT FELONIES – Arresto Menor or afine not exceeding 200 pesos or both

AFFLICTIVE – fine of more than 6,000 pesos

CORRECTIONAL – 200 to 6,000

LIGHT – less than 200 (199 and below)

*In case of a fine of exactly 200 pesos, It has been held that this discrepancy should be resolved liberally in favor of the accused hence Art. 9 prevails (People v. Yu Hai, 99 Phil 725)

GRADUATED SCALE OF PENALTIES, DURATION AND ACCESSORY PENALTY

PENATIES (Article 71)DURATION

(Art. 27)ACCOMPANYING

ACCESORY PENALTY

PRESCRIPTION OF CRIME

(Art. 90)

PRESCRIPTION OF PENALTY(Art. 92)

SCALE No. 1

1. Death

Art. 40 – when not executed by reason of commutation or pardon:

a. Perpetual absolute disqualification

b. Civil Interdiction during 30 yrs following the date of the sentence

20 yrs20 yrs

2. Reclusion Perpetua 20 yrs 1 day – 40 yrs

Article 41:a. Civil interdiction for life

or during the period of the sentence as the case may be

b. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty

20 yrs 20 yrs

3. Reclusion Temporal 12 yrs 1 day – 20 yrs Article 41 20 yrs 15 yrs

4. Prision Mayor 6 yrs 1 day – 12 yrs

Art. 42:a. Temporary Absolute

Disqualificationb. Perpetual Absolute

Disqualification from the right of suffrage

15 yrs 15 yrs

5. Prision Correcional 6 mos. 1 day – 6 yrsArt. 43:

a. Suspension from public office, profession or calling

10 yrs 10 yrs

b. Perpetual special disqualification from the right of suffrage

*applies if imprisonment exceeds 18 months

6. Arresto Mayor 1 mo. 1 day – 6 mos.

Art. 44:a. Suspension of the right

to hold office and right of suffrage during the term of the offense

5 yrs*lighter than destierro

5 yrs

7. Destierro 6 mos. 1 day – 6 yrs 10 yrs 10 yrs8. Arresto Menor 1 day to 30 days 2 mos. 1 yr9. Public Censure 2 mos. 1 yr10. Fine

SCALE No. 2

a. Perpetual Absolute Disqualification N.B.

- if given as an accessory penalty, follows the duration of the principal

- In Arts. 41 – 44, accessory penalty must be expressly remitted in case of pardon so as to be ineffective.

Art. 45 – every penalty carries with it the accessory penalty of confiscation and forfeiture of the proceeds of the crime.

15 yrs (afflictive) 15 yrs

b. Temporary Absolute Disqualification

6 yrs 1 day – 12 yrs 15 yrs (afflictive) 15 yrs

c. Suspension 6 mos. 1 day – 6 yrs. 10 yrs 10 yrs

d. Public Censure

e. Fine

Art. 39 – Subsidiary Liability enters if the convict is insolvent at the rate of one day for each 8 pesos of the fine imposed.a. Prision Correcional, Arresto and Fine – imprisonment shall not exceed 1/3 of the term of the sentence and in no case to continue for more than

a year (fraction of a day not counted)b. Fine only – not to exceed 6 mos. (Grave or Less Grave Felonies); not to exceed 15 days (light felonies)c. Higher than PC – no subsidiary penaltyd. If the penalty imposed is not to be executed by confinement but of a fixed duration – follow rules 1-3 above