Indeterminate Sentencing Laws: Understanding Their Application

The Indeterminate Sentence Law (ISLAW) is a statute that generally favours people convicted of crimes. It is applied to individuals found guilty of crimes under the Revised Penal Code and Special Law. ISLAW is mandatory in all cases, except for those who fall under the following exceptions:

1. If sentenced to death or life imprisonment

2. If convicted of treason, conspiracy, or proposal to commit treason

3. If convicted of misprision of treason, sedition, rebellion, or espionage

4. If convicted of piracy

5. If the offender is a habitual delinquent

6. If they have escaped from prison or evaded their sentence

7. If they have violated the terms of a conditional pardon

8. If the maximum term of imprisonment does not exceed one year

9. If they have already been sentenced by a final judgement at the time of the effectivity of Act No. 4103

10. If they are penalised with suspension or destierro.

In applying ISLAW, the judge determines the maximum and minimum penalties. The maximum term is based on the attending circumstances and the rules of the Revised Penal Code, while the minimum term is within the range of the penalty next lower to that prescribed by the Code for the offence. The law gives the court wide discretion in determining the minimum penalty.

How is the indeterminate sentence law applied in imposing a sentence?

The Indeterminate Sentence Law (ISLAW) is a statute that generally favours people convicted of crimes. It is mandatory in all cases except those that fall under the following exceptions:

• If the accused is sentenced to death or life imprisonment
• If the accused is convicted of treason, conspiracy, or proposal to commit treason
• If the accused is convicted of misprision of treason, rebellion, sedition, or espionage
• If the accused is convicted of piracy
• If the accused is a habitual delinquent
• If the accused has escaped from prison or evaded their sentence
• If the accused has violated the terms of a conditional pardon
• If the maximum term of imprisonment does not exceed one year
• If the accused has already been sentenced by a final judgement at the time of the effectivity of Act No. 4103
• If the penalty is destierro or suspension

In imposing a sentence, the court must determine two penalties: the maximum and minimum terms, instead of just imposing a single fixed penalty. The maximum term is that which, in view of the attending circumstances, could be properly imposed under the rules of the Revised Penal Code (RPC). The minimum term is within the range of the penalty next lower to that prescribed by the RPC for the offence, without considering any modifying circumstances.

The ISLAW is applied differently depending on whether the penalty is imposed by the RPC or a special penal law. If the penalty is imposed by the RPC, the maximum term is determined by considering the aggravating and mitigating circumstances, while the minimum term is within the range of the penalty one degree lower than that prescribed by the RPC, without considering any circumstances.

If the penalty is imposed by a special penal law, the maximum term must not exceed the maximum term fixed by that law, and the minimum term must not be less than the minimum term prescribed by the same.

The ISLAW is intended to favour the accused and shorten their term of imprisonment, depending on their behaviour and physical, mental, and moral record as a prisoner. It is based on the belief that a person can reform and become a better member of society after serving their punishment.

When is the indeterminate sentence law not applicable?

The Indeterminate Sentence Law (ISLAW) is not applicable in the following cases:

• If the accused is sentenced to death or life imprisonment.
• If the accused is convicted of treason, conspiracy, or proposal to commit treason.
• If the accused is convicted of misprision of treason, rebellion, sedition, or espionage.
• If the accused is convicted of piracy.
• If the accused is a habitual delinquent.
• If the accused has escaped from confinement or evaded their sentence.
• If the accused has violated the terms of a conditional pardon from the Chief Executive.
• If the maximum term of imprisonment does not exceed one year.
• If the accused was convicted by a final judgment at the time of the effectivity of Act No. 4103.
• If the accused is penalised with suspension or destierro (banishment).

The ISLAW is a statute that generally favours persons convicted of a crime. However, it does not tolerate the commission of an offence and outlines specific exceptions where the law will not be applicable. The law considers the gravity of the crime committed and factors that indicate whether a person is capable of reformation.

What are the reasons for fixing the maximum and minimum terms in the indeterminate sentence?

The Indeterminate Sentence Law (ISLAW) is a statute that generally favours persons convicted of a crime. It does not, however, tolerate the commission of an offence. In its application, there are certain exceptions to which this law will not be applicable.

The law gives courts wide discretion in determining the minimum penalty. The maximum term is determined by the attending circumstances of the crime, such as mitigating or aggravating circumstances, and could be properly imposed under the rules of the Revised Penal Code (RPC). The minimum term is left to the discretion of the court to impose.

The reasons for fixing the maximum and minimum terms in the indeterminate sentence are:

• To prevent the unnecessary and excessive deprivation of liberty.
• To enhance the economic usefulness of the accused, as they may be exempted from serving the entire sentence, depending on their behaviour and physical, mental, and moral record.
• To uphold the fundamental principle in applying and interpreting criminal laws, including the ISLAW, which is to resolve all doubts in favour of the accused.
• To follow the rule of lenity, which states that when there is an ambiguous criminal statute that sets out multiple or inconsistent punishments, the ambiguity should be resolved in favour of the more lenient punishment.
• To allow for the possibility of reformation and redemption of the convict.
• To consider the gravity of the crime committed and other factors that may impede the possibility of reformation.
• To ensure that the sentence is not increased to a higher degree, even in the presence of multiple aggravating circumstances.
• To provide a standard to determine whether a convict has the possibility of reformation.

How is the indeterminate sentence law applied in complex crimes?

The Indeterminate Sentence Law (ISLAW) is a statute that generally favours people convicted of a crime. It is mandatory in all cases except those that fall under the following exceptions:

• If the accused is sentenced to death or life imprisonment
• If the accused is convicted of treason, conspiracy, proposal to commit treason, misprision of treason, sedition, rebellion, or espionage
• If the accused is convicted of piracy
• If the accused is a habitual delinquent
• If the accused escaped from prison or evaded their sentence
• If the accused violated the terms of a conditional pardon from the chief executive
• If the maximum term of imprisonment does not exceed one year
• If the accused was convicted by a final judgement at the time of the effectivity of Act No. 4103
• If the accused is penalised with suspension or distierro

ISLAW is applied to complex crimes by punishing the accused for the most serious offence and imposing the maximum period for that offence. For example, estafa through falsification of public documents. Under the Revised Penal Code, falsification of public documents is a more serious offence than estafa. Therefore, the maximum penalty for estafa through falsification of public documents is prision mayor in the maximum period. The minimum penalty is prision correctional for any period.

What is the purpose of the indeterminate sentence law?

The Indeterminate Sentence Law (ISLAW) is a statute that generally favours people convicted of a crime. It aims to uplift and redeem "valuable human material" and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. In other words, the law believes that even after committing a crime, a person is still capable of reformation and can become a better person after serving their punishment.

The law is mandatory in all cases except those that fall under the following exceptions:

• If sentenced with a penalty of death or life imprisonment
• If convicted of treason, conspiracy, proposal to commit treason, misprision of treason, sedition, rebellion, or espionage
• If convicted of piracy
• If the offender is a habitual delinquent
• If the offender escaped from prison or evaded their sentence
• If the offender violated the terms of a conditional pardon by the Chief Executive
• If the maximum term of imprisonment does not exceed one year
• If convicted by a final judgement at the time of the effectivity of Act No. 4103
• If penalised with suspension or destierro (prohibited from residing within a specified distance of the actual residence of the accused for a specified length of time)

The law gives the court discretion in determining the minimum penalty, which can be anywhere within the range of the penalty next lower to that prescribed by the Revised Penal Code for the offence. The maximum penalty is determined by considering the "attending circumstances" and can be modified by mitigating or aggravating circumstances.

The application of ISLAW involves the court imposing two penalties: a maximum term and a minimum term. The maximum term is based on the penalty imposable under the Revised Penal Code, while the minimum term is determined by the court and can be anywhere within the range of the penalty next lower to that fixed in the Code.

In summary, the purpose of the indeterminate sentence law is to provide a balanced approach to sentencing that considers both the rehabilitation of offenders and the gravity of the crime committed. It aims to give offenders a chance to reform and become productive members of society, while also ensuring that justice is served and public safety is maintained.

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