INDETERMINATE SENTENCE LAW Sec. 5.

It shall be the duty of the Board of Indeterminate Sentence to: (L-D)

Sec. 1. 1) Look into the physical, mental, and moral record of the prisoners who
Hereafter, in imposing a prison sentence for an offense punished by the Revised shall be eligible to parole, and
Penal Code, or its amendments, the court shall sentence the accused to an 2) To determine the proper time of release of such prisoners.
indeterminate sentence Whenever any prisoner shall have served the minimum penalty imposed on him,
The maximum of which shall be that which, And it shall appear to the Board of Indeterminate Sentence,
In view of the attending circumstances, From the reports of the prisoner’s work and conduct
Could be properly imposed under the rules of the said Code, and Which may be received in accordance with the rules and regulations prescribed,
The minimum of which shall be And from the study and investigation made by the Board itself,
Within the range of the penalty next lower to that prescribed by the Code for the That such prisoner is fitted by his training for release,
offense; and That there is a reasonable probability that such prisoner will
Live and remain at liberty without violating the law, and
If the offense is punished by any other law, That such release will not be incompatible with the welfare of society,
The court shall sentence the accused Said Board of Indeterminate Sentence may,
To an indeterminate sentence, In its discretion, and
The maximum term of which shall not In accordance with the rules and regulations adopted hereunder,
Exceed the maximum fixed by said law and Authorize the release of such prisoner on parole,
The minimum shall not be Upon such terms and conditions as are herein prescribed and
Less than the minimum term As may be prescribed by the Board.
Prescribed by the same.
The said Board of Indeterminate Sentence shall also
Sec. 2. Examine the records and status of persons who
This Act shall not apply to persons convicted of offenses: (DTM-PHEEC-1A) Shall have been convicted of any offense other than those named in
1) Punished with death or life imprisonment Section 2 hereof, and
2) To those convicted of treason, conspiracy or proposal to commit Have been sentenced for more than 1 year y final judgment prior to
treason The date on which this Act shall take effect, and shall
3) To those convicted of misprision of: (TRES) Make recommendation in all such cases to the Governor-General
a) Treason With regard to the parole of such prisoners as they shall deem
b) Rebellion Qualified for parole as herein provided,
c) Sedition After they shall have served a period of imprisonment
d) Espionage Not less than the minimum period
4) To those convicted of piracy For which they might have been sentenced under this Act
5) To those who are habitual delinquents For the same offense.
6) To those who shall have escaped from confinement or evaded sentence
7) To those who having been granted conditional pardon by the Chief Sec. 6.
Executive shall have violated the terms thereof Every prisoner released from confinement on parole
8) To those whose maximum term of imprisonment does not exceed 1 By virtue of this Act shall,
year, nor At such times and in such manner as may be required
9) To those already sentenced by final judgment at the time of approval of By the conditions of his parole,
this Act, except as provided in Section 5 hereof As may be designated by the said Board for such purpose,
Report personally to such government officials or
Sec. 3. Other parole officers hereafter appointed by the Board of Indeterminate Sentence
There is hereby created a Board of Pardons and Parole to be composed of… For a period of surveillance equivalent to the
Remaining portion of the maximum sentence imposed upon him or
Sec. 4. Until final release and discharge by
The Board of Pardons and Parole is authorized to adopt such rules and The Board of Indeterminate Sentence as herein provided.
regulations… The officials so designated shall keep such records and
Make such reports and perform such other duties hereunder
As may be required by said Board.
RAMOS, MARY LOUISE M. San beda college alabang – school of law
“Get your shit together. No one else will do it for you.” Criminal law 1 2016: atty frias
The limits of residence of such paroled prisoner
During his parole may be fixed and
From time to time changed by said Board in its discretion.
If during the period of surveillance
Such paroled prisoner shall show himself to be a
Law-abiding citizen and
Shall not violate any laws of the Philippine Islands,
The Board of Indeterminate Sentence may
Issue a final certificate of release in his favor,
Which shall entitle him to
Final release and discharge.
Sec. 7.
The Board shall file with the court
Which passed judgment on the case, and
With the Chief of Constabulary,
A certified copy of each order of conditional or
Final release and discharge
Issued in accordance with the
Provisions of the next preceding two sections.
Sec. 8.
Whenever any prisoner released on parole by virtue of this Act shall,
During the period of surveillance,
Violate any of the conditions of his parole,
The Board of Indeterminate Sentence may
Issue an order for his re-arrest which may be served
In any part of the Philippine Islands
By any police officer.
In such case the prisoner so re-arrested shall
Serve the remaining unexpired portion of the
Maximum sentence for which he was originally committed to prison,
Unless the Board of Indeterminate Sentence shall,
In its discretion,
Grant a new parole to the said prisoner.
Sec. 9.
Nothing in this Act shall be construed…
Sec. 10.
Whenever any prisoner shall be released on parole hereunder he shall be
entitled to receive the benefits provided in Section 1751 of the Revised
Administrative Code.
RAMOS, MARY LOUISE M.
“Get your shit together. No one else will do it for you.”
What is the basic purpose and philosophy underlying the Indeterminate Sentence
Law?
o Redeeming valuable human material and preventing unnecessary
deprivation of personal liberty and economic usefulness with due regard
to the protection of social order
o It is necessary to consider the criminal
 First, as an individual, and
 Second, as a member of society
o Aims to individualize the administration of our criminal law to a degree
not heretofore known in these Islands.
NOTES:
1. The requirement of imposing an indeterminate sentence in all criminal
offenses whether punishable by the RPC or by special laws, with
definite minimum and maximum terms, as the court deems proper within
the legal range of the penalty specified by the law, must be deemed
mandatory.
2. Applicable to violations of the RPC or its amendments and violations of
special penal laws
3. Should be liberally interpreted in favor of the accused
What are the purposes of specifying the minimum and maximum terms of the
indeterminate sentence? (P-E)
1. To prevent the unnecessary and excessive deprivation of liberty and
2. To enhance the economic usefulness of the accused, since he may be
exempted from serving the entire sentence, depending upon his
behavior and his physical, mental, and moral records
How to determine the minimum and maximum terms of the indeterminate
sentence
“that which, in view of the attending circumstances, could
be properly imposed”
Maximum
The modifying circumstances are considered only in the
imposition of the maximum term of the indeterminate
sentence
“within the range of the penalty next lower to that
prescribed”
The penalty next lower should be based on the penalty
prescribed by the Code for the offense,
without first considering any modifying circumstance
Minimum
attendant to the commission of the crime.
Determination 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.
San beda college alabang – school of law
Criminal law 1 2016: atty frias
 How to apply ISLAW  So the convict already served the minimum term, what now?
The Court may authorize the release of the convict provided: (F-R-I) (the convict
Step 1: will be freeee [FRI] gets? Hehe)
Check first if ISLAW may be applied in the offense given (Sec. 2) 1. That such prisoner is fitted by his training for release
Remember: (DTM-PHEEC-1A) 2. There is a reasonable probability that such prisoner will live and remain
If it cannot be applied, stop now. at liberty without violating the law
If pwede, proceed. 3. That such release will not be incompatible with the welfare of society

Step 2: So the convict was FRI-d, what now?

Check any aggravating or mitigating circumstances.
Apply Sec. 64 appropriately.
Remember:
Aggravating Mitigating
x x
x 
 x
 
impose the penalty
x 2 or more
Example:
Homicide + 2 mitigating circumstances
2 mitigating + 0 aggravating = privileged mitigating
Privileged mitigating = lower penalty by 1 degree
Penalty for homicide: Reclusion temporal
Penalty lower by 1 degree from reclusion temporal = prision mayor
Since 0 aggravating  prision mayor in its medium
Step 3:
Determine the maximum period.
Since 0 aggravating  prision mayor in its medium
Maximum: Prision mayor in its medium
The prisoner shall report personally at such times and manner as may be
required by the conditions of his parole, to such government officials or parole
officers as may be appointed by the Board for a period of surveillance equivalent
to the remaining portion of the maximum sentence imposed upon him or until
Period final release and discharge by the Board.
medium
minimum Final release and discharge of the prisoner
maximum The Board shall issue a final release and discharge to the paroled prisoner if
offset during the period of surveillance, the prisoner shall show himself to be a law-
abiding citizen and shall not violate the laws of the Philippines.
next lower
When a prisoner who is released on parole violates any condition of his parole
during the period of surveillance, the Board may issue an Order for his arrest
which may be served in any part of the Philippines.
The prisoner so re-arrested shall serve the remaining unexpired portion of the
maximum sentence for which he was committed to prison, unless the Board, in
its discretion, grants a new parole.
What are the factors to be considered in applying the ISLAW?
His relationship toward:
1. His dependents, family and associates and their relationship with him
2. Society at large and the State
The State is concerned not only in the imperative necessity of protecting the
social organization against the criminal acts of destructive individuals but also in
redeeming the individual for economic usefulness and other social ends.

Step 4:
Determine the minimum period.

Alright kids, what is the penalty next lower to prision mayor?

Prision correccional.

Ergo,
Minimum: Prision correccional (no reference to the periods; it is already in the
court’s discretion but must be within the range of this penalty)

Step 5:
Conclude.
“Upon application of the ISLAW, the minimum of the penalty shall be within
prision correccional and the maximum is prision mayor in its medium ”

RAMOS, MARY LOUISE M. San beda college alabang – school of law

“Get your shit together. No one else will do it for you.” Criminal law 1 2016: atty frias
The application of the ISLAW is mandatory where the imprisonment
exceeds 1 year
Except: (DTM-PHEP-1-H)
1. Offenses punished by death, reclusion perpetua or life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason
3. Those convicted of misprision of:
a. Treason
b. Rebellion
c. Sedition
d. Espionage
4. Piracy
5. Habitual delinquents
6. Those who escaped from confinement or those who evaded sentence
A minor who escapes from confinement in the Philippine Training
School for Boys does not have the status of an escaped prisoner, and is
not excluded from the benefits afforded by the Indeterminate Sentence
Law.
7. Those granted conditional pardon and who violated the terms of the
same
8. Those whose maximum period of imprisonment does not exceed 1 year
9. Those found guilty of violating the Human Security Act

NOTES:
1. The ISLAW is not applicable when its application is unfavorable to the
accused.
2. When the penalty prescribed by the special law is taken from the range
of penalties under the RPC, the rules of the ISLAW governing violations
of the RPC shall be followed
3. The RPC does not apply to violations of the Anti-Carnapping Law since
the latter provides for its penalties that are distinct and do not have
reference to the RPC
4. The convict may be released on parole if he has served the minimum
term of his indeterminate sentence and he meets the criteria prescribed
by Section 5 of the ISLAW
5. Persons sentenced to reclusion perpetua, or those whose sentences
are reduced to reclusion perpetua, by reason of RA 9346, shall not be
eligible for parole.

RAMOS, MARY LOUISE M. San beda college alabang – school of law

“Get your shit together. No one else will do it for you.” Criminal law 1 2016: atty frias