Handout ISLAW

7/21/2019 Handout ISLAW

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Indeterminate sentence law

• It is intended to favor the accused particularly to shorten his term of

imprisonment, depending upon his behavior and his physical, mental, and

moral record as a prisoner to be determined by the Board of Indeterminate

Sentence.• It is indeterminate in the sense that after serving the MINIMUM, the convict

may be released on parole, or if he is not tted for release, he shall continue

serving his sentence until the end of the MAIMUM.

• It is the courts duty to determine the minimum and ma!imum period

The crime can be punished under special laws and the RPC

Special Laws

"he court shall sentence the accused to an indeterminate sentence, the MAIMUM "#$M of %hich shall not e!ceed the ma!imum !ed by said la% and the minimum

shall not be less than the MINIMUM "#$M prescribed by the same. "here are no

penalty grades

RPC

"he court shall sentence the accused to an indeterminate sentence the

MAIMUM "#$M in vie% of the attending circumstances %hich could be properly

imposed under the &ode, and the MINIMUM "#$M %hich shall be %ithin the range of the penalty ne!t lo%er in degree to that prescribed by the &ode for the o'ense. In

determining the minimum term it is left upon the discretion of the court %ithin the

penalty ne!t lo%er.

For example:

"he court has imposed A$$#S"( MA)($ as minimum term %hich has a period of *

mos + day to mos.

"he court may impose mos of imprisonment as a minimum even if there is no

aggravating circumstance.

"he court for the same reason may impose * mos and + day as minimum even if

there is no mitigating circumstance. It being upon the discretion of the court



Examples of Application of Indeterminate Sentence Law

Special Law

A is convicted of Illegal possession of re arms punishable by imprisonment of + yr

+day to - yrs

"he court may impose

* yrs + day as minimum to / yrs as ma!imum or0

1 yrs + day to - yrs

as long as it does not e!ceed the minimum and ma!imum as prescribed by la%

RPC

Basic Guideline in determining sentence

Art. 64 Outline of Rules:

No A& and M& 2 medium period

(nly a mitigating 2 minimum period

(nly an aggravating 2 ma!imum period

* mitigating 2 impose penalty ne!t lo%er

Many aggravating 2 ma!imum of the penalty imposed

Example

A is convicted of falsication of o3cial document %hich is penali4ed by prision

mayor %ith the mitigating circumstance of voluntary surrender

5isregard rst the mitigating circumstance. 6ence the penalty is 7rision Mayor

medium this should be the basis of the ma!imum term and it only becomes 7M

minimum because of the mitigating circumstance 8oluntary Surrender

9inal sentence Ma!imum "erm : 7M min

Minimum "erm : 7& in any of its periods since it the penalty ne!t lo%er.



Factors to be taken into consideration in xin! the minimum penalt"

it is necessary for the court to consider the criminal as an individual and as a

memer of society

• age

• general health

• mentality heredity and personal habits

• previous conduct

• morals and previous education

• usefulness or in;ury to the society

• manner and circumstance in %hich the crime %as committed• gravity of the o'ense

ISL in not applicable when not fa#orable to the accused

#!ample

A %as convicted of illegal possession of guns. + grease gun and * thompsons the

crime is punishable by imprisonment of -2+< years.

"he "rial &ourt imposed an imprisonment of - years and + day. Is the penalty

correct=

It %as held that in such cases the imposition of IS> %ould be unfavorable to the

accused since IS> provides that the minimum penalty could not be less than -

years, thus lengthening his sentence. As a rule IS> shall only be applied %hen

favorable to the accused. ?7eople vs Nung@ay

$hen %odif"in! Circumstance is Considered

Under the IS> the ma!imum term shall only be the one a'ected by the attending

circumstance %hile the minimum term shall fall %ithin the range of the penalty ne!t

lo%er %ithout reference to the 1 periods namely min,med, and ma!. It shall depend

on the sound discretion of the court.



Indeterminate Sentence Law not applicable to the followin!

+.&onvicted of o'enses punished %ith death or life imprisonment.

*. "hose convicted of treason, conspiracy or proposal to commit treason,

misprision of treason, rebellion, sedition or espionage, or piracy

1. "hose %ho are habitual delinuents

/. "hose %ho shall have escaped from connement or evaded sentence.

-. "hose %ho having been granted conditional pardon by the 7resident %ho shall

have violated the terms thereof.

. "hose %hose ma!imum period of imprisonment does not e!ceed one year.

C. "hose already serving nal ;udgment upon the approval of this Act ?5ecember

-, +D11.

E. "hose sentenced to the penalty of destierro or suspension.

D. "hose %hose ma!imum term of imprisonment does not e!ceed + year

The penalt" of ISL is based on the penalt" actuall" imposed

If a person %as charged %ith a crime of acts of lasciviousness %hich the penalty

is prision correccional the duration to %hich is mos + day to years and the

court only imposed mos + day as minimum IS> shall not apply since the

minimum sentence does not e!ceed + year

Reasons for xin! the min and max penalties of ISL



Fhenever any prisoner shall have served his minimum term he shall appear

before the board of indeterminate sentence for evaluation and shall release in

accordance to the conditions prescribed by the board

Fhenever a prisoner is released on parole he shall be in surveillance and %hen

he violates any of the conditions, the Board may issue for his arrest and he shallcontinue to serve the une!pired portion of his ma!imum sentence.

#ven if a prisoner has served his minimum but is not tted for release he shall

continue to serve until the end of his ma!imum sentence

Documents

Handout ISLAW